To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

LAWS
of the
STATE OF DELAWARE
Passed at the
SPECIAL SESSION OF THE NINETY-SEVENTH
GENERAL ASSEMBLY
Commenced and Held at Dover
ON MONDAY, MARCH 22, A. D., 1920
And
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDRED AND FORTY- FOURTH
VOLUME . XXXI

LAWS
of the
STATE OF DELAWARE
Passed at the
SPECIAL SESSION OF THE NINETY-SEVENTH
GENERAL ASSEMBLY
Commenced and Held at Dover
ON MONDAY, MARCH 22, A. D., 1920
And
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDRED AND FORTY-FOURTH
VOLUME .XXXI
LAWS OF DELAWARE
TITLE THREE
State Revenue and Supplies
CHAPTER 1.
STATE REVENUE
INTOXICATING LIQUOR
AN ACT to amend "An Act to provide for the Refunding of a proportion of liquor
license fees when the business for which such licenses are taken out, Is
declared unlawful during the continuance of the license" by providing the
time from which said refunds are to be calculated.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met :
Section 1. That Chapter 22, Vol. 30, Laws of Delaware, en-titled
"An Act to Provide for the Refunding of a proportion of
liquor license fees when the business for which such Licenses are
taken out, is declared unlawful during the continuance of the
License," be and the same is hereby amended by adding thereto a
new section as follows:
Section 2. For the purpose of ascertaining the proportion of
said Liquor Licelises to be refunded as aforesaid, the State Treas-urer
is hereby authorized and directed to calculate the refund of
sueh Licenses from the first day of July, A. D. 1919.
Approved April 28, A. D. 1920.
3
4 LAWS OF DELAWARE.
MOTOR VEHICLES
CHAPTER 2.
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware, In
relation to Motor Vehicles.
Be it enacted by the Senate and Haase of Representatives of the
State of Delaware in General Assembly met:
That Chapter 6 of the Revised Code of the State of Delaware be
and the same is hereby amended by the repeal of 238, Section 201,
and the insertion in lieu thereof of the following, which shall be
styled "238, Section 201."
238, Section 201. Motor vehicles, operated by manufacturers
or dealers for the purpose of testing, selling, or demonstrating, shall
be exempt from the necessity of individual registration, provided
said manufacturer or dealer has taken out a license to engage in
the business of purchasing and selling produce, goods, wares, and
merchandise, and such manufacturer or dealer registers with the
Secretary of State, in the "Dealer's Class. The application for
such registration shall state the number of cars to beregistered and
shall be made upon a blank, provided for the purpose by the said
Secreteary of State, and shall state the name, business, and the place
of business of the applicant, and the _number of said license so taken
out by him, and shall be certified by oath or affirmation. For each
car registered a fee of twenty dollars shall be paid the Secretary
of State, who shall issue a certificate of registration for each car
registered, and provide, at the expense of the State, two pairs of
tags for each registration which shalt contain numbers of registra-tion
not less than four inches in height, the year and the words
"Delaware Dealer." No more than cne motor vehicle may be oper-ated
at the same time under the same registration number. Such
car shall be operated only by licensed drivers, who shall have author-
LAWS OF DELAWARE. 5
MOTOR VEHICLES
ity to operate motor vehicles. bearing the said tags for testing or
demonstrating purposes ; provided, that the Secretary of State shall
not issue a Dealer's License to any person, firm or corporation with-out
an affidavit being first filed stating that such person, firm or
corporation is a bona fide dealer in automobiles or motor vehicles.
and provided further that such dealer's registration tags shall not
be used upon any jitneys, taxicabs or other motor vehicles used for
hire.
Any such manufacturer or. dealer may procure additional regis-tration
tags, upon making additional application in the same manner
as the aforesaid application was made, and paying an additional
fee of Ten Dollars for each additional registration and each addi-tional
pair of tags desired.
Approved April 28, A. D. 1920.
6 LAWS OF DELAWARE.
MOTOR VEHICLES
CHAPTER 3.
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware, In
relation to Motor Vehicles.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That Chapter 6 of the Revised Code of the State of
Delaware be and the same is hereby amended by the repeal of 241,
Section 204, and the insertion in lieu thereof of the following, to be
styled "241, Section 204."
241. Section 204. Every motor vehicle shall be provided,
when in use, with good and sufficient brakes and with a horn, hell
or other signaling device, producing an abrupt sound sufficiently
loud to serve as an adequate warning of danger, but no person
operating any motor vehicle shall make or cause to be made any
unnecessary noise with such bell, horn or other signaling device or
use the same except as a warning of danger; and such bell, horn
or other signaling device shall not be sounded while passing a horse
or other draft animal upon any of the public roads in this State,
except when absolutely necessary to avoid accidents; and such bell,
horn or other signaling device shall not be used upon the streets,
lanes or alleys of any incorporated town within this State during
the period of from one hour after sunset to one hour before sunrise,
unless absolutely necessary to avoid accidents. Such bell, horn or
other signaling device shall be sounded on approaching curves, hill
tops and intersecting highways in the open country where the oper-ator's
view is obstructed. Motor vehicles shall from one-half hour
after sunset until one-half hour before sunrise, show at least two
white lights on the forward part of said vehicles, so placed as to be
LAWS OF DELAWARE. 7
MOTOR VEHICLES
seen from the front and of sufficient illuminating power to be visible
at a distance of two hundred feet in the direction in which displayed
and to reveal any person, vehicle or substantial object at least twen-ty-
five feet ahead of such lights. Provided, that when any motor
vehicle is at rest it may display one light showing white to the
front and red to the rear, carried to the left of such motor vehicle,
which light shall be visible from both front and rear for a distance
of not less than two hundred feet. Motor vehicles shall also display
on the rear a lamp so constructed and placed as to show a red light
from the rear and throw a white light directly upon the, rear regis-tration
tags and render the numerals thereon visible for at least
twenty-five feet in the direction from which such vehicle is pro-ceeding.
Provided, however, that a motorcycle shall only be re-quired
to show at least one white light, visible not less than two
hundred feet in the direction in which displayed, and one red light
shall be shown in the opposite direction. And provided, further,
that no person shall be deemed guilty of violating the provisions
of this Section if he shows to the satisfaction of the magistrate or
court by and before whom he is tried that the absence of any such
light or lights was due to an accident and not to his or her mere
oversight or neglect. Provided, further, that any lighting device of
over four candle power shall not be equipped with a reflecter unless
the same shall be so designed, deflected or arranged that no portion
of the beam of reflected light projected to the left of the axis of the
vehicle, when measured seventy-five feet or more ahead of the lamps
shall rise above forty-eight inches from the level surface upon which
the vehicle stands under all conditions of load. Provided, further,
that if, in addition to headlights, any such vehicle is equipped with
an auxiliary light, projecting light or device other than a rear lamp,
such auxiliary light or lights shall be subject to all the restrictions
of this Section regarding the direction or deflection of the beam.
The above provisions as to red lights shall also apply to vehicles
which are trailed or towed by motor vehicles.
In order that this Section of the Statute may be operative with-out
hardship on the owners and operators of Motor Vehicles, the
Secretary of State 'shall prepare a list of devices and equipment
which have been tested by some recognized testing laboratory, ac-ceptable
to the Secretary of State, and certified by the testing labor-
8 LAWS OF DELAWARE.
MOTOR VEHICLES
atory to be capable of making the projected light from the front
lights or headlamps comply with the provisions of this Section when
the adjustment of the front lights or headlamps and candle power
of bulb used is as set forth in the certificate. The list shall give the
name of the device or equipment, the maximum and minimum candle
power of bulbs which may be used with the device or equipment
and any special adjustment of the headlamp or device which may
be necessary to make the light projected by the headlamp comply
with the provisions of the statute. Manufacturers may have their
devices certified as being on the approved list by paying a fee of
$10.00 and submitting to the Secretary of State, at the manufac-turers
expense, a certificate from one of the testing laboratories
mentioned above, to the effect that the device will fulfill the pro-visions
of the statute when used under the conditions of adjustment
and candle power stated in the certificate; providing the Secretary of
State shall decide that the report of the testing laboratory warrants
him in placing the device on the approved list.
Approved April 28, A. a 1920.
LAWS OF DELAWARE. 9
MOTOR VEHICLES
CI-LIPTER 4.
STATE REVENUE
MOTOR VEHICLES
AN ACT to amend Chapter 6 of the Revised Code of the State of Delaware, Ink
relation to Motor Vehicles.
Be it enacted by the Senate and House of Representatives of the
State of .Delaware in General Assembly met:
Section 1. That 254 Section 217 of Chapter 6 of the Revised
Code of the State of Delaware be and the same is hereby amended
by adding thereto the following new section to be styled "254-F
Section 217-F."
254-F Section 217-F. Any person having in his or her posses-sion
any motor-cycle or motor vehicle from which the manufac-turer's
serial number or any other manufacturer's trade or distin-guishing
number or identification mark has been removed, and ef-faced,
changed, covered or destroyed, for the purpose of concealing
or destroying the identity of such motor-cycle or motor vehicle, shall
be deemed guilty of a misdemeanDr and upon conviction thereof
shall be fined not exceeding Two Hundred Dollars ($2OO) or impris-oned
for a period not exceeding one year, or both, in the discretion
of the court.
Approved April 28, A. D. 1920.
10 LAWS OP DELAWARE.
APPROPRIATIONS
CHAPTER 5.
STATE REVENUE
APPROPRIATIONS
AN ACT making additional appropriations for the expenses of the State Govern-ment,
other than legislative expenses, for the fiscal year ending on Monday
immediately preceding the second Tuesday In January, in the year of our
Lord one thousand nine hundred and twenty-one.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That in addition to the amounts appropriated at
the regular session of the General Assembly of the year one thou-sand
nine hundred and nineteen, for the years one thousand nine
hundred and nineteen and one thousand nine hundred and twenty,
as set forth by Chapters 33 and 34 of Volume 30 of the Laws of
Delaware, the several amounts named in this Act or so much thereof
as may be necessary are hereby appropriated and authorized to be
paid out of the Treasury of this State to the respective public
officers of the respective departments and divisions of Government,
and for the several purposes hereinafter specified, for the current
fiscal year ending on Monday immediately preceding the second
Tuesday of January in the year of our Lord one thousand nine hun-dred
and twenty-one; provided, however, that all parts or portions
of the several sums appropriated by this Act which, on said Monday
immediately preceding said second Tuesday of January, A. D. one
thousand nine hundred and twenty-one, shall not have been paid
out of the treasury, shall be turned to the general fund of the treas-ury.
The said several sums hereby appropriated are as follows, viz:
For Delaware Industrial School for Girls, additional for
1920 $10,000.00
For State Live Stock Sanitary Board, for condemned
tubercular cattle, for 1920 50,000.00
LAWS OF DELAWARE. 11
For additional appropriations for the Department of
Elections for the City of Wilmington, for 1920 1,500.00
For the purpose of carrying out the provisions of House
Substitute for House Bill No. 77, being entitled "An
Act to repeal Chapter 71, of the Revised Code of the
State of Delaware, entitled 'Public Schools' and to
provide a new chapter 71, entitled 'School Laws of the
State of Delaware' " 540,000.00
To the Secretary of State, to meet the deficiency of main-taining
the Corporation business in the office of the
Secretary of State for the year 1919, and to cover the
additional expenses of maintaining the same for the
year 1920 8,000.00
For Ferris Industrial School of Delaware, for the replace-ment,
repairs and extension of buildings for the year
1920 15,000.00
For the Mother's Pension Fund, additional appropria-tion
for 1920 10,000.00
For the State Live Stock Sanitary Board, for the purchase
of anti-hog cholera serum and virus for the year 1920 25,000.00
For Delaware State Hospital, at Farnhurst, to meet the
deficiency in maintaining the same for the year 1919 23,858.67
For the Delaware State Hospital, at Farnhurst, to meet
the estimated deficiency of maintaining the same for
the year 1920 36,141.33
For the President and Treasurer of the Kent and Sussex
County Fair Incorporated, to be paid under the provi-sions
of Senate Bill No. 30, of the Special Session of
1920 5,000.00
For the State Chemist for services and expenses as pro-vided
by law 2,000.00
Approved June 24, A. D. 1920.
APPROPRIATIONS
The Index $12.00
Mollie V. Harbordt, Rent of Typewriter 20.00
Bessie F. Weaver, Rent of Typewriter 20.00
Hotel Du Pont, Rent of Room 20.00
The State Sentinel, Printing 1,568.:34
Lester B. Waterman 36.49
The Diamond State Telephone Company 488.90
C. Win. K. Bradford 7.35
Charles G. Guyer 650.00
Harrington Journal 5.00
E. Sylvester 1.00
American Legion Post Harrington 25.00
J. Carey Palmer, Medal Expenses 62.00
Walter T. Massey 19.80
Wilson M. Vinyard 18.00
Wilmington Taxi Co. 46.00
James W. WiseLegislative Supplies 1,502.03
Chas. M. SmithHouse and Senate Bill Books 55.00
Wm, H. Horstmann Co.-1 State of Del. Flag 25.00
12 LAWS OF DELAWARE.
APPROPRIATIONS, CLAIMS
CHAPTER 6
STATE REVENUE
APPROPRIATIONSCLAIMS
AN ACT appropriating certain money out of the State Treasury of the State of
Delaware to pay certain claims against the State.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That the several sums of money hereinafter named
are hereby appropriated out of the treasury of this State for the
purpose of paying the claims hereinafter mentioned. a.nd the State
Treasurer is hereby authorized and directed to pay the same as
follows:
LAWS OF DELAWARE. 13
APPROPRIATIONS, CLAIMS
Walter Ryan Safe Co.-Work on House and Senate Safes 15.67
A. G. Willey-Care of Legislative Supplies 50.00
Charles Zanders-Work on House and Senate Clocks 18.50
J. E. Beek-Furniture for Legislative Use 110.38
F. N. Buckingham-Cloth' and Towels 10.75
H. J. Marshall-Extra Services as Janitor 25.00
Robert Smith-Extra Services as Janitor 25.00
Aaron Paskins-Extra, Services as Janitor 25.00
Alfred Neill-Legislative Janitor 222.00
G. Austin Merritt-Stamps, Seals, Ribbons, etc. 21.60
Toni Day-Cleaning 30.00
J. R. Hunter-Repair and Key Man 137.10
Dover Machine Works-Repairs, etc 85.08
Wm. Wickes-Repairing Chairs 2.50
H. M. Manning 106.75
Estate of Lewis E. Eliason 160.80
Oscar D. Ridings, Refund of Income Tax 17.75
Wm. E. Snyder, Refund of Income Tax 25.83
Martin G. Moore, Refund of Income Tax 6.44
James W. Cann, Refund of Income Tax 2.83
Frank J. Rhein, Refund of Income Tax 4.62
George W. T. Miller, Refund of Income Tax 14.64
Didrik Ostensen, Refund of Income Tax 1.55
James F. Allee, Jr. 20.00
James W. Robertson 124.00
Thomas F. Gormley 124.00
Gilpin Highfield 140.00
John M. Walker 143.00
John F. Richards 141.00
Frank R. Pool 67.00
John E. Latta 57.00
Lewis M. Price 29.00
Robert H. Hollett 28.00
Charles D. Murphy 44.00
Wallace S. Handy 62.00
Isaac D. Short 62.00
Edward B. Brown 100.00
Asa Bennett 139.00
I. Layfield Long 140.00
14 LAWS OF DELAWARE.
APPROPRIATIONS, CLAIMS
J. Carey Palmer 144.00
Andrew A. Mulrine 124.00
Wm. Lyons, Jr 124.00
Theodore W. Francis 124.00
John E. McNabb 124.00
John J. Mulvena 124.00
Wm. H. Danzenbaker 135.00
Willard S. Gregg 138.00
Aaron F. Klair 138.00
Wim. D. Dean 141.00
Joseph D. Quigley 111.00
William C. Brooks 141.00
Edward Lester, Jr. 87.00
Alexander P. Corbit 20.00
Walter E. Hart 47.00
Jefferson A. Staats 93.00
Thomas Jackson Snow 38.00
Garrett D. Paradee 10.00
Charles Hanratty 35.00
John W. Smith 20.00
John T. Buckson 8.00
James M. Sherwood 24.00
William II. Jakes 15.00
Jacob L. Soper 25.00
James C. Hardesty 60.00
Clarence C. Jester 87.00
Harry E. Clendaniel 75.00
Charles W. Parker 64.00
Joseph B. Lord 95.00
James E. Lloyd 99.00
Harvey W. Hastings 107.00
Benjamin F. Jones 125.00
Elijah W. Bunting 149.00
John D. Warrington 143.00
Hiram S. Smith 99:00
Silas J. Warrington 105.00
Approved June 21, A. D. 1920.
LAWS OF DELAWARE.
KENT AND SUSSEX COUNTY FAIR
CHAPTER 7
STATE REVENUE
KENT AND SUSSEX COUNTY FAIR
AN ACT appropriating certain monies to Kent and Sussex County Fair, incorpor-ated,
to be expended for prizes for the encouragement of agriculture and
the domestfc arts.
Whereas, Kent and Sussex County Fair, Incorporated, a cor-poration
of the State of Delaware was duly incorporated and or-ganized
to have and to manage a Fair or Exposition for the pur-pose
of promoting and encouraging agriculture and the domestic
arts within the State of Delaware, and has purchased land just out-side
the limits of the Town of Harrington, Delaware, for fair ground
purposes; and
Whereas, the encouragement of agriculture and domestic arts
is a matter of general public interest; and
Whereas, it has been demonstrated that one of the means of
such encouragement is the offering of prizes or rewards for meri-torious
achievements in agriculture and in the domestic arts; now
therefore,
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (three-fourths of all mem-bers
elected to each branch thereof concurring therein):
Section 1. That the sum of Five Thousand Dollars be and
the same is hereby appropriated annually out of the Treasury of
the State of Delaware, payable on or before the first day of Septem-ber,
A. D., one thousand nine hundred and twenty, and in each and
every year thereafter, to Kent and Sussex County Fair, Incorpo-rated,
a corporation of the State of Delaware as aforesaid, which
monies are to be expended by Kent and Sussex County Fair, Incor-porated,
for prizes or reward for meritorious achievements in agri-
- 15
16 LAWS OF DELAWAKE.
KENT AND SUSSEX COUNTY FAIR
culture and the domestic arts in the State of Delaware after the
adoption of this Act, provided that no part of said appropriation
shall be paid until there shall be buildings erected for the purpose
of said Fair to the amount of Fifteen Thousand Dollars and before
receiving the first of said appropriations or any of them the said
corporation shall file with the State Auditor satisfactory proofs of
the cost of said buildings.
Section 2. That the said sums shall be paid by the State Treas-urer
on or before the first day of September of each year out of
any funds in his hands, as such State Treasurer, not otherwise ap-propriated,
and the receipt of the President and Treasurer of the
said Kent and Sussex County Fair, Incorporated, shall be his suf-ficient
voucher therefor.
Section 3. That on or before the first day of December in
each year, the President and Treasurer of the said Kent and Sussex
County Fair, Incorporated, shall file with the State Auditor a sworn
itemized statement of the expenditure of all monies paid to the said
corporation under this Act during such year.
Approved May 28, A. D. 1920.
TITLE FIVE
Legislation
CHAPTER 8
PASSING, PUBLICATION AND DISPOSAL OF LAWS AND JOURNALS.
AN ACT providing for the Printing and Publication of the Laws of the Special
Session of 1920.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met;
Section 1, That the Secretary of State be. and he is hereby
authorized and directed to immediately print and publish in a sep-arate
volume the laws passed at the Special Session of the General
Assembly which convened on March twenty-second, 1920, in the
manner and to the effect now provided by law for the printing and
publication of the laws of the bi-ennial sessions.
Approved June 21, A. D. 1920.
17
TITLE SIX
State Officers and Commissions
(1ITAPTER 9.
coatqatATE SURETYSHIP.
AN ACT to amend Chapter 20, of the Revised Code of the State of Delaware, re-specting
Corporate Suretyship.
Be it enacted by the Senate and [louse of Representatives of the It of Delaware in. General Assembly met:
Section 1. That Chapter 20 of the Revised Code of Delaware,
I e and the same is hereby amended by repealing 627. Sec. 56 of said
Chapter and substituting. in lieu thereof the following Section to be
styled. 627. See, 56.
627. See. 56. CORPORATE SURETYSHIP SUFFICIENT;
WHEN :Whenever any bond, undertaking, recognizance or other
obligation is by law or the charter, ordinances, rules or regulations of
any municipality, board, body, organization or public officer, required
or permitted to be made, given, tendered or filed_ with surety or sure-ties,
and whenever the performance of any act, duty or obligation, or
the refraining from any act, is required or permitted to be guaran-teed.
such bond, undertaking, obligation, recognizance or guarantee
may be executed by a surety company qualified to net as surety or
guarantor as hereinafter provided; and such execution by such com-pany
of such bond, undertaking, obligation, recognizance or guarantee
shaII be in all respects a _full and complete compliance with every re-quirement
of every law, charter, ordinance, 'rule or regulation that
such bond, undertaking, obligation, recognizance or guarantee shall be
exeenied by one surety or by one or more sureties, or that such sureties
18
Laws OF DELA.WARE. 19
CORPORATE SURETYSHIP
shall be residents or freeholders, either or both, or possess any other
qualification, and shall be accordingly accepted and treated.
Every such corporation, qualified to act as surety or guarantor
as hereinafter provided, is fully invested with power to execute and
deliver bonds insuring the fidelity of persons holding positions of re-sponsibility
and trust, public or private, of becoming sole surety in any
case where, by law, a bond or bonds with one or more sureties may be
required or permitted for any legal purpose whatsoever, including the
case of surety upon contracts, public and private official bonds, in-cluding
bonds of all State, County and Municipal officers, and cases
pending in any of the courts of this State, except bail bonds in crim-inal
eases.
Any public officer or department of State, County or Municipal
government, whose duty it may or shall hereafter be to approve the
surety upon any bond or bonds, may in his or their discretion, accept
and approve such bonds when executed by the principal therein, and
any surety company qualified to act as surety or guarantor as herein-after
provided. The Levy Court, of the several counties of this State,
is authorized in its discretion to accept such bonds as security for Col-lectors
of county taxes in lieu of the security provided for by the laws
of this State."
Provided, that every such bond, undertaking, obligation, recog-nizance
or guarantee, shall be executed on behalf of the said surety
company by its regularly authorized officers and countersigned by its
regularly authorized resident agent in the State of Delaware, and
premiums due to said surety company therefor shall be paid to said
resident agent and shall be subject to any and all taxes levied upon
such premiums under the laws of the State of Delaware.
Approved April 28, A. D. E120.
20 LAWS OF DELAWARE.
STATE LIVE STOCK SANITARY BOARD
CHAPTER 10
STATE LIVE STOCK SANITARY BOARD
AN ACT to amend Chapter 21 or the Revised Code of the State of Delaware, by
enlarging the Powers of the State Live Stock Sanitary Board, and appro-priating
money therefor.
Be it enacted by the ,S'enate and House of Representatives of the
State of Delaware in. General Assembly met:
Section 1. That Chapter 21, of the Revised Code of the State
of Delaware, be and the same is hereby amended by inserting in
Article 4 of said Chapter after 697 Sec. 48, the following Sections
to be styled 697 A. Sec. 48 A., 697 B. See. 43 B., 697 D. Sec. 48 D.,
697 E. See. 48 E., 697 F. Sec. 48 F., 697 G. Sec. 48 0., 697 H. See.
48 H.
697 A. See. 48 A. That the Delaware State Live Stock San-itary
Board be authorized to pay out of the funds appropriated by
the Legislature of the State of Delavware one-half of the difference
between the appraised value and the salvage of all cattle that may
be condemned for tuberculosis by the State Live Stock Sanitary
Board or a Veterinarian of the U. S. Bureau of Animal Industry
working in co-operation with the Delaware State Live Stock Sani-tary
Board, and all cattle which may be condemned for tuberculosis
shall be appraised in a manner prescribed by the Delaware State
Live Stock Sanitary Board, provided that out of the money hereby
appropriated no payment as_ compensation for any tuberculosis
animal destroyed shall exceed two-thirds of the difference between
the appraised value of such animal and the value of the salvage
thereof; and that in no case shall any payment hereunder be more
than one hundred and twenty-five dollars for any grade animal or
more than one hundred and fifty dollars for any pure bred animal,
and no payment shall be made unless the owner has complied with
all lawful quarantine regulations.
*So enrolled.
LAWS OF DELAWARE. 21
STATE LIVE STOCK SANITARY BOARD
697 B. Sec. 48 B. Cattle which have reacted to the tubercu-losis
test or show marked diagnostic symptoms of tuberculosis shall
be condemned and be disposed of as directed by the Delaware State
Live Stock Sanitary Board. Owners of cattle that have reacted
to the tuberculin test or that have been condemned by a Representa-tive
of the Delaware State Live Stock Sanitary Board of the United
States Bureau of Animal Industry Inc privileged to dispose of said
animals in such ways as shall be approved by the Delaware State
Live Stock Sanitary Board and to receive for them their salvage
value.
697 D. Sec. 48 D. That each herd shall be tested according
to the agreement for the tuberculin testing of herds of cattle and
the uniform methods and rules for tuberculosis free accredited
herds of cattle which have been approved or may hereafter be ap-proved
by the United States Bureau of Animal Industry.
697 E. Sec. 48 E. That for the purpose of defraying the ex-penses
and services of competent Veterinarians in charge of this
work, and to pay to the owners of cattle which have reacted to the
tuberculin test or have been condenmed by a representative of the
Delaware State Live Stock Sanitary Board or of the United States
Bureau of Animal Industry, the sum of fifty thousand dollars an-nually
is hereby appropriated out of any moneys in the State Treas-ury
not otherwise appropriated.
697 F. Sec. *38 F. No payment shall lie made for any animals
destroyed on account of tuberculosis unless the owner has complied -
with all quarantine and other regulations that may be agreed upon
by the United States Bureau of Animal Industry and the Delaware
State hive Stock Sanitary Board, and unless the owner shall have
executed the forms required by these regulations.
697 G. Sec. 48 G. Claims shall not be allowed arising out of
the condemnation of cattle for tuberculosis on a tuberculin test ap-plied
by other than a representative detailed by the Delaware State
Live Stock Sanitary Board or of the United States Bureau of Ani-mal
Industry.
22 LAWS OF DELAWARE.
STATE LIVE STOCK SANITARY BOARD
697 H. Sec. 48 No compensation will be paid to any
owners of tuberculosis cattle whose entire herd is not under Federal
and State supervision for the eradication of tuberculosis.
Approved April 28, A. D. 1920.
LAWS OF DELAWARE. 23
STATE LIVE STOCK SANITARY BOARD
CHAPTER 11.
STATE LIVE STOCK SANITARY BOARD.
AN ACT to appropriate money for the purpose of securing Anti-Hog Cholera
Serum and Virus.
Be it enacted by the Senate and House of R6presentatives of the
State of Delaware in General Assembly met:
Section 1. The sum of twenty-five thousand dollars ($25,000) be,
and the same is hereby appropriated out of any money in the State
Treasury to be used for the purpose of purchasing anti-hog cholera
serum and virus.
Section 2. The said sum of twenty-five thousand dollars
($25,000) shall be paid out by the State Treasurer upon' warrants
drawn by the President of the State Live Stock Sanitary Board and
attested by the Secretary.
Section 3. The anti-hog cholera serum and virus purchased
under the provisions of this Act shall be distributed as needed among
the veterinarian practitioners licensed to practice in this State, and
whenever such licensed veterinarian shall make application for said
anti-hog cholera serum and virus and shall certify in writing to the
State Live Stock Sanitary Board that he needs the same for the inocu-lation
of hogs, stating the approximate number, he shall forthwith
receive sufficient of said scrum and virus according to said certificate
and shall receipt for same to the State Live Stock Sanitary Board.
No veterinarian receiving free serum and virus under the provisions
of this Act shall charge a fee greater than fifty cents per head for
inoculation and for any violation of this clause a veterinarian may be
denied further supplies of serum and virus.
Approved June 1, A. D. 1920.
24 LAWS OF DELAWARE.
STATE HIGHWAY DEPARTMENT
CHAPTER 12.
STATE HIGHWAY DEPARTMENT
AN ACT to amend Chapter 63, of Volume 29, Laws of Delaware, relating to the
Salary of the Secretary of the State Highway Department.
13e it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Seet ion 1. That geetion 4 of Chapter 63 of Volume 29, Laws of
Delaware be 011(1 the same is hereby amended by striking out the
words and figures "Three Thousand Dollars ($3,000.00) " where they
appear ill line twenty-three of said section, and by inserting in lieu
thereof the words "Five Thousand Dollars."
A ppi:oved ,kpril 28, A. 1). 1920,
TITLE SEVEN
County Government
CI-IA PTER 13.
LEVY COURTSKENT COUNTY
AN ACT to re-organize the Levy Court of Kent County, to define Its powers and
duties with respect to the management and control of the affairs of said
county, and to repeal certain sections of the Revised Code relating to said
Levy Court.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in. General Assembly met:
Section 1. That from and after the first Tuesday in January,
A. D. 1921, the Levy Court of Kent County, as it is now organized and
constituted, be and the same shall be abolished, and the office of Levy
Court Commissioner, as the same is DM constituted, and the terms,
duties, powers, and authorities appertaining thereto, are hereby de-clared
to be abolished, ended and terminated, on and after the said
first Tuesday in January A. D. 1921.
Section 2. Kent County shall be divided into three Levy Court
Districts. The first Levy Court District shall comprise the following
Representative Districts: First, Second, Third and Fifth. The sec-ond
Levy Court District shall comprise the following Representative
Districts: Fourth, Sixth and Ninth. The third Levy Court District
shall comprise the following Representative Districts: Seventh, Eighth
and Tenth.
Section 3. That from and after the first Tuesday in January,
A. D. 1921, the Levy Court of Kent County shall be composed of three
25
The Levy Court may adjourn from time to time, as occasion shall
26 LAWS OF DELAWARE.
LEVY COURTS, RENT COUNTY
members, one of whom shall be chosen from each of the three Levy
Court Districts aforesaid.
Section 4. That, at the general election to be held in the year
A. D. 1920, and biennially thereafter, there shall be elected by the
qualified voters of each of the Levy Court Districts aforesaid, one
suitable person, who shall be a bona fide resident and freeholder of
said Levy Court District, and qualified to vote at the general elections
held in said County. The persons so elected shall be styled "Levy
Court Commissioners of Kent County," and the term of office shall
be for two years, commencing always on the first Tuesday in January
next after the said election.
Section 5. Should any two or more persons voted for as Levy
Court Commissioners, receive an equal and the highest number of
votes cast at any election, the Superior Court of the State of Delaware,
in and for Kent County, sitting as a Board of Canvass in said County,
shall certify the fact to the Governor, who shall forthwith appoint
one of said persons to be Levy Court Commissioner for said County,
who shall hold the said office for the term of two years from the first
Tuesday in January then next ensuing.
Section 6. In case of the death, resignation or other disability,
or ineligibility of any of the members of the Levy Court, it shall be
the duty of the Governor to appoint some suitable person, having the
required qualifications, to fill the vacancies so created, for the residue
of the unexpired term.
Section 7. The Levy Court of Kent County, composed of the
Commissioners aforesaid, shall meet for organization biennially on the
first Tuesday in January next after the general election, and after
qualification of the members elected at said general election, by tak-ing
the constitutional oath of office, shall proceed to elect one of their
number presiding officer. The Commissioners shall have power to
make rules for their government not inconsistent with the constitu-tion
and laws of the State. They shall meet at the Court House in
Dover, on Tuesday of each week, throughout the year, except in ease
that any Tuesday be a legal holiday.
LAWS OF DELAWARE. 27
LEVY COURTS, KENT COUNTY
require; one Commissioner, if no more attend on any day of meeting,
may adjourn the Levy Court, or, if none attend, the Clerk of the
Peace shall have power to adjourn said Court. Special meetings may
be held at the direction of the presiding officer, or of any two members,
and the Clerk of the Peace shall cause the members to be notified there-of.
Special meetings shall be held at the usual place of meeting, and
at such meetings any lawful business may be transacted.
The Clerk of the Peace shall be the Clerk of the Levy Court, and
shall have the custody of all books, records and papers.
The oath or affirmation of office to be. taken by the said Commis-sioners,
may be administered by the Clerk of the Peace, or by any
qualified member of the Levy Court,' and an entry thereof shall be
made in the minutes of the Levy Court.
Section 8. The Levy Court Commissioners elected under the
provisions of this Act, shall be paid an annual salary of Eighteen Hun-dred
Dollars ($1800) in equal monthly installments, by warrants ac-cording
to the form to be prescribed by the Levy Court, and the said
Commissioners shall not be entitled to have or receive any other or
further compensation for any services done or performed by them, or
any of them, in the said office of Levy Court Commissioner.
Section 9. It shall be the duty of the present Levy Court of Kent
County, and each Commissioner thereof, and every person having con-trol
or possession of any record, book, paper or other property belong-ing
to the Levy Court of Kent County, on the first Tuesday in Janu-ary,
A. D. 1921, to surrender the same to the Clerk of the Peace of said
County, who shall keep the same subject to the control of the Levy.
Court Commissioners elected under the provisions of this Act, and in
ease any person shall neglect or refuse to surrender and deliver up
such records, books, papers, or other property to the Clerk of the Peace
as aforesaid, he shall be guilty of a misdemeanor, and upon conviction,
shall forfeit and pay a fine of Five Hundred Dollars.
Section 10. Two of said Commissioners shall constitute a quorum
for the election of all officers required by law to be elected or ap-pointed
by the Levy Court of Kent County, and for the transaction
of all other business; and it shall be the duty of the Comptroller to
28 LAWS OF DELAWARE.
LEVY COURTS, KENT COUNTY
countersign warrants of the Levy Court, after having verified the cal-culation
entering into the sum payable thereon. The Comptroller may,
however, return a warrant without countersigning same, stating his
objections thereto in writing and thereupon the Levy Court shall act
again and may direct his countersignature.
Section 11. That Sections 1036. Sec. 24, 1037, Sec. 25, 1038,
See. 26, 1039, Sec. 27, 1040, See. 28, 1042, See. 30, of Chapter 43 of the
Revised Code, be and the same are hereby repealed.
Section 12. Whenever it shall be necessary for Kent County to
take or hold title to any real estate, the same shall be taken and held
in the name of the State of Delaware, for the use of Kent County.
Section 13. That 1057, See. 45, of Chapter 43 of the Revised
Code, be and the same is hereby repealed, in so far as it relates to
Kent County.
.Section 14. The Levy Court of Kent County, annually, at some
meeting held during the month of June, shall fix and determine the
amount of the capitation tax which the assessors, or Board of Assess-ment,
shall assess for the current year. Such tax shall not exceed the
sum of One Dollar and Twenty-five Cents, nor shall it be less than
One Dollar. The tax shall be uniform throughout the County, and
shall be levied upon every male citizen of the age of twenty-one years,
or upwards, residing in the County of Kent.
Section 15. The Levy Court of Kent County shall have no juris-diction
over, or supervision over the assessment lists, nor shall the
said Levy Court have power to change, alter or amend the same. The
said Levy Court shall make no allowance to any person or corporation
for, or on account of, any error in the assessment lists, or excessive
assessment by the said assessment lists, as they shall be certified by the
assessors or Board of Assessment, shall be deemed to be correct by the
Levy Court and shall be considered as final and conclusive.
Section 16. The Levy Court of Kent County is empowered to
employ a janitor or janitors for the proper care of the Court House,
and to fix his or their compensation.
Section 17. The Levy Court of Kent County shall, except as
Section 20. The Levy Court of Kent County shall not appoint
Jail Commissioners, but shall have power to investigate the manner
LAWS OF DELAWARE. 29
LEVY COURTS, KENT COUNTY
otherwise specified, have the direction, management and control of the
business and finances of Kent County, and shall have full and com-plete
jurisdiction over all and every of the matters and things vested
by law in the Levy Court of Kent County, and shall exercise every
power, privilege, right and duty which belongs to the Levy Court of
Kent County, except as otherwise specified herein.
It shall be the duty of said Court to take care that the affairs of
the County he administered with efficiency and economy, and that the
officers and employees of the County, chosen and appointed by the
Levy Court, shall faithfully perform the duties imposed upon them;
and to this end, and for the proper oversight and management of the
public business, the Levy Court is hereby empowered to summon and
compel the attendance of witnesses, and each member thereof is au-thorized
and empowered to administer oaths and affirmations.
It shall be the duty of the Levy Court to employ the assistance
of experts to institute a proper and modern system of bookkeeping,
and accounts, so that the financial affairs of Kent County may be
easily ascertained from time. to time.
The said Levy Court shall have the power to remove from office
any person appointed by it for sufficient cause shown, and after due
hearing; provided, that any person so removed shall have the right to
appeal from judgment or decision of said Levy Court to the Superior
Court, which Court shall, upon such appeal, either affirm or overrule
the judgment or decision of the Levy Court. If such judgment or de-cision
be overruled, the person appealing shall be remitted to his said
office or employment, and shall be entitled to all arrears of compen-sation.
Section 18. The bonded indebtedness of Kent County is hereby
limited to an amount equal to five percentum of the total assessed
valuation of the taxable property of said county.
Section 19. It shall be unlawful for any Levy Court Commis-sioner,
directly or indirectly, to buy, purchase or redeem, any comity
'MUTH at drawn in favor of any other person.
30 LAWS OF DELAWARE.
LEVY COURTS, KENT COUNTY
in which the jail of Kent County is maintained by the Sheriff or
keeper of said jail, and to regulate and control the same.
Section 21. The bevy Court of Kent. County shall, during the
month of February in each year, value and assess the property of the
assessors, or of the members of the Board of Assessment.
Section 22. The Levy Court of Kent County,prior to the thirti-eth
day of April in each year, shall, upon due inquiry, and investiga-tion,
estimate the amoo»t of inoney which will be required for the
current year, dividing and apportioning such estimate for and among
the following County needs and purposes:
For general County purposes, to be known as the "General
Fund."
For the general repair and maintenance of roads and bridges;
to hi. know', as the "General Road Fund."
For the special or permanent improvement of roads, to be
known as the "Special Road Improvement Fund."
For the payment of interest on bonded indebtedness and for
the redemption of matured bonds, to be known as the "Bonded In-debtedness
Fond."
;5. For 1 he purpose of the poor, to be known as the ''Poor Fund."
For the payment of warrants not of the current year, to be
known as the "Outstanding. \\Tarrant Fund."
For the expenses or Cott rts or J ustice, to be known as the
"Witness and ;1111'y FUlld."
During the month of June in each year, the said Levy Court shall
lay such a rate upon the assessment lists of said County, according to
certain rate upon every one hundred dollars, as will by estimation
produce the aggregate of the several sums so as aforesaid found to be
necessary to be raised, and shall apportion to each of the above divi-sions
or funds a certain percent um or the total amount to be raised so
Commissioners.
(Seal of the Office of the Clerk of the Peace).
Each warrant shall be sealed with the seal of the Clerk of the
Peace and shall be attested by him.
The said tax duplicates with the warrant thereto annexed, shall
he delivered to the Receiver of Taxes and County Treasurer by the
Levy Court on or before the first day of July, and the said warrant
LAWS OF DELAWARE. 31
LEVY COURTS, KENT COUNTY
that a fund will be produced equal to the amount estimated to be re-quired
for each of the needs and purposes above specified.
Section 23. The Levy Court shall, an or before the last day of
June of each year, attach to the duplicates of assessment as the same
shall be transcribed and certified by the assessors or Board of Assess-ment,
a warrant under the Ilan& of at least two of the Commissioners
according to this form:
STATE OF DELAWARE,
KENT COUNTY
To Receiver of Taxes and County Treasurer of Kent County, greeting:
We- command you that you collect from the several persons named
in the annexed duplicates for their taxes for the year , the
following rate per centum on the amount of their respective assess-ment,
and if any person named in said duplicate shall not pay the
said rates after you have demanded the same, we conimand you in
such ease that you collect said taxes, or the part thereof remaining
unpaid, with lawful costs, in the manner prescribed by law. And we
further command you that you pay the amount which, according to
this warrant and the annexed duplicates, you are required to collect,
in the manner and within the times appointed by law in this behalf.
Hereof fail not at your peril.
Given at the Court House at Dover by the order of the Levy
Court, under the hands of us, Commissioners of said Court, the
day- of April, A. D
Section 25. The public highways, bridges and causeways of
32 LAWS OF DELAWARE.
LEVY COURTS., KENT COUNTY
shall bear date as of the last clay of June, which shall be the date
of the levying of all taxes.
Section 24. During the month of June next following the date
of the warrant, the Levy Court shall make full, final and complete
settlement with the Receiver of Taxes and County Treasurer, allowing
to said Receiver of Taxes and County Treasurer all taxes which shall
have been found impossible to collect by reason of errors in the assess-ment
lists or otherwise, and not through the default, neglect or delay
of the Receiver of Taxes and County Treasurer, which said settlement
shall be final and conclusive, and no other allowance in any form or
guise shall be made to said Receiver of Taxes and County Treasurer
by the Levy Court.
At least two weeks before the final settlement had with the Re-ceiver
of Taxes and County Treasurer, the said Levy Court shall cause
the Receiver of Taxes and County Treasurer to publish in two news-papers
of the County, one of which shall be published in the town of
Dover. a list of the taxables of each Representative District, whose
taxes it has been impossible to collect, stating therein, with respect to
each taxable, briefly the reason why it has been impossible to collect
said tax; and the Levy Court shall likewise cause the Receiver of
Taxes and County Treasurer to post in two public places of each
Representative District of Kent County a list of the taxables of said
District, whose taxes it has been impossible to collect, stating, therein
in each case the reason why it has been impossible to collect said tax.
Before making final settlement with the Receiver of Taxes and
County Treasurer, the Levy Court shall require the Receiver of Taxes
and County Treasurer to make oath or affirmation that the list of un-collected
taxes made out and returned by him is true in all its state-ments
to the best of his knowledge and belief, and that no tax has been
collected from any person so returned by him. The oath may be ad-ministered
by the Clerk of said Court, or by any member thereof, and
any Receiver of Taxes and County Treasurer, who shall swear falsely
as to any matter to which he may be required to make oath by this sec-tion,
shall be guilty of a misdemeanor, and shall be punished as the
law directs for false swearing.
"So enrolled.
LAWS OF DELAWARE. 33
LEVY COURTS, KENT COUNTY
Kent County shall be under the management and control of the Levy
Court of Kent County, as is now provided by law.
Section 26. The Levy Court may prescribe the form in which
accounts to be rendered them shall be drawn and verified, and shall
have power to determine upon the form of all warrants to be drawn
in payment of demands.
Section 27. Where, by existing law, any duty, power or author-ity,
is vested in a Levy Court Commissioner of Kent County, in respect
to the imposition of a special road tax, the construction, care and main-tenance
of roads, or the expenditure of money therefor, or in any other
manner, or for any purpose, such duty, power or authority, shall be
imposed upon and exercisable by the Levy Court of Kent County as
it is constituted under this Act.
Section 28. This Act shall not go into effect and operation ex-cept
as it provides for the election of Levy Court Commissioners for
Kent County at the general election to be held in the year A. D. 1920,
until the first Tuesday in January, A. D. 1921.
Section 29. All Acts or parts of Acts, or sections of the Revised
Statutes of the State of Delaware, which are *inconsistence herewith,
or which are supplied hereby, are hereby repealed.
Approved May 28, A. D. 1920.
Section 4. Any member of said Board may be removed by the
Levy Court for any failure to perform the duties of his office,. or
34 LAWS OF DELAWARE.
VALUATION AND ASSESSMENT OF PROPERTY
CHAPTER 14
VALUATION AND ASSESSMENT OF PROPERTY
AN ACT for the Better Assessment of Taxes in Kent County, abolishing the office
of Assessor, providing a Board of Assessment, and prescribing the powers
and duties of said board.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That from and after the first Tuesday in January,
A. D. 1921, the office of Assessor in the several hundreds and dis-tricts
of Kent County where Assessors are elected, is hereby abol-ished,
and the duties heretofore devolving upon them shall be per-formed
by a Board of Assessment, to be composed of three persons,
and there shall be no election of Assessors in the several hundreds
and districts of Kent County after the approval of this Act.
Section 2. On the second Tuesday in January in the year 1921
and every four years thereafter, on the second Tuesday in January,
the Levy Court of Kent County shall appoint three freeholders,
qualified voters of said County, no two of whom shall be residents
of the same Senatorial District, all of whom shall be chosen from
the two principal political parties and not more than two of whom
shall be of the same political faith, who when qualified, shall com-pose
the Board of Assessment for Kent County for four years,
commencing always on the second Tuesday in January.
Section 3. No member of said Board of Assessment shall, dur-ing
the time for which he is appointed, bold any other County or
State office. If a vacancy in said Board occurs from death, removal
from the County, resignation or otherwise, such vacancy shall be
filled by the Levy Court Court for the unexpired term.
LAWS OF DELAWARE. 35
VALUATION AND ASSESSMENT OF PROPERTY
any other sufficient cause, after due notice, and hearing, but the
person so removed shall have the right to appeal from said judg-ment
or decision to the Superior Court of the County, which said
Court shall, in a summary proceeding, either affirm or reverse the
judgment or decision of the Levy Court. If such judgment or de-cision
be reversed, the person appealing shall be remitted to his
said office, and shall be entitled to all arrears of compensation.
Section 5. Each member of the Board, before entering upon
his duties, shall appear before the Levy Court of the County to take
the oath of office prescribed by the Constitution, which said oath
may be administered by the Clerk of the Peace, or by any member
of the Levy Court, and a minute thereof shall be entered upon the
records of said Levy Court.
Section 6. Each member of the noard shall receive a yearly
salary of Twelve Hundred Dollars, payable in equal monthly in-stalments.
The necessary traveling expenses of the members of the
Board, incurred in traveling through the County for the purpose
of making the assessments, shall be made up monthly and duly
verified by the members of the Board, and shall be paid by the Levy
Court, after due investigation.
Section 7. The Levy Court of Kent County shall, during the
month of February in each year, value and assess the property of
the members of the Board of Assessment. The said members shall
make the same returns, schedules and certifications as is provided in
this Act for other taxables.
Section 8. All property, real and personal, subject to assess-ment,
shall be assessed at its true value in money. If the said Board
of Assessment, or any member thereof, knowingly or wilfully shall
assess ox value any property upon any other principle than its
actual value, each of the members of said Board participating
therein shall be deemed guilty of a misdemeanor, and shall be fined
in a sum not less than One Hundred dollars, or imprisoned, at the
discretion of the Court.
Section 9. If the Board cannot discover the owner of any prop-erty,
real or personal, it shall nevertheless be assessed and valued,
and it shall be stated that the owner is unknown.
36- LAWS OF DELAWARE.
VALUATION AND ASSESSMENT OF PROPERTY
Section 10. The Board of Assessment shall ascertain and as-sess,
according' to law, all the taxable property in each election
district, and shall make a written statement thereof, showing the
names of the owners, arranged alphabetically, and at least three
consecutive letters of the last name thereof, the different kinds of
property, the value of each kind, the amount of each owner's assess-ment,
and the amount of assessment of each election district.
Section 11. The Board of Assessment shall have power to
summon and to compel the attendance of witnesses and to compel
the production of such books and papem as they may deem neces-sary
in respect of any assessable property, in order to ascertain
the true value thereof, and each member of said Board iss-empowered
to administer oaths or affirmations. Any person, or the officer of
any corporation, or agent, who shall fail, refuse or neglect to answer
questions submitted by the said Bo;1rd of Assessment, or any mem-.
ber thereof, in respect to assessable property, or shall fail, neglect
or refuse to produce, when required, such books and papers as may
be deemed necessary in respect of assessable property, shall be
deemed guilty of a misdemeanor, and, upon conviction, shall be
fined or imprisoned, or both, in the discretion of the Court.
Section 12. 1128, Section 31 a: the Revised Code is repealed,
in so far as it relates to Kent County.
Section 13. The Board of Assessment is empowered to employ
necessary clerical force at compensations to be fixed by the Levy
Court, whose duty shall be as prescribed by the said Board of
Assessment.
Section 14. The Board of Assessment shall, on or before the
first day of dune in each year, prepare and furnish to the Levy
Court duplicates of all the assessments and alterations, and correc-tions
thereof, as made by the said Board, in books to be furnished
by the Levy Court. The said Board shall have their offices in the
County Court Ilouse, and the members thereof shall be present in
person, or by clerks duly authorized to act for them, every secular
day in the year, holidays excepted, to hear questions that may arise
in reference to said assessments, and the said Board shall have the
power to correct said assessment lists at any time, subject, however,
LAWS OF DELAWARE. 37
VALUATION AND ASSESSMENT OF PROPERTY
to the notices required by this Act to be given. And for such pur-poses
the said Board shall have authority to sit in convenient places
in said County.
Section 15. Notices required to be given under the provisions
of this Act, may be sent by mail, and when such notice is so sent
the day of the mailing thereof, shall be deemed to be the day of the
giving of said notice.
Section 16, The Board of Assessment shall have the power,
and it shall be its duty. to value and to assess all property which
by law is liable to taxation, and to revise all valuations and assess-ments
of snob assessable property in said County, and to lower or
increase saidassessments and. valuations, and to take proceedings
for the discovery of all unassessed property.
Section 17. -Whenever the Board of Assessment shall purpose
to alter or change any assessment by increasing the same, or to
make 'a new assessment other than a general or annual assessment,
it shall, before said alteration, change or new assessment is made,
give five days' notice in writing to the owner of the property af-fected
thereby, and if such owner Cannot be found within the County
by reasonable inquiry, then to the person in possession of the prop-erty,
or to the person in whose custody the same may be, or, if it
be land, and no one shall .be in the apparent occupancy thereof,
then such notice shall be posted on said land.
Section 18. The Board of Assessment first appointed under
the provisions of this Act shall forthwith proceed to make a general
assessment of the assessable persons and property of persons in
Kent County, which said assessment shall be returned so as to be
acted upon for the year 1921.
Section 19. The Board of Assessment shall, on or before the
15th day of April of each year, post in some convenient place in
each election district of the County, a copy of the Assessment of
such election district as made by it. The said Board shall sit during
each secular day, commencing on the fifteenth day of April and
ending on the fifteenth day of May of each year, to hear appeals,
and to make additions and corrections to said assessment, Notice
Failure to render an account and return by any person liable
BS LAWS OF DELAWARE.
VALUATION AND ASSESSMENT OF PROPERTY
of the places where said assessment is posted, and of the time and
place of sittings to hear appeals, and to make additions and correc-tions
as aforesaid, shall be given by advertisement published at
least once each week for two weeks, in at least two newspapers in
said county, and by such other means as will best bring notice of
the same to persons interested. If any taxable shall fail or neglect
to prefer his appeal to the Board of Assessment, he shall be liable
for the tax for such year, as shown by the assessments lists.
Section 20. After the closing of hearings and the settlement
of all appeals, and the adjustment of the assessment lists, the said
Board shall ascertain the total of the assessed valuation of the
County, and shall certify the same to the Levy Court on or before
the first day of June, as a basis upon which to estimate and fix the
tax rate; and the said Board shall likewise ascertain and report
to the Levy Court the names of all persons liable to capitation tax.
Section 21. The Board of Aessssment, immediately upon enter-ing
upon their duties, and in the month of January in every year
thereafter, shall notify in writing every person, firm, association of
persons, or corporation, who or which may own property liable to
assessment, and every person, firm, association of persons or corpo-ration,
having the care, management or custody of real or personal
property liable to assessment, to deliver to said Board of Assess-ment
within twenty days after such notice, a particular account
of the real or personal property owned by him, it, or them, or which
is in his, its or their care, management or control, together with
the correct name of such owner, and his place of residence, with
the parcels of real estate separated and identified in a reasonable
manner, and the articles of personal property, correctly itemized,
and the true value of each parcel of real estate or item of personal
property and such additional information as the Board of Assess-ment
shall require on the form, and schedules for returns accom-panying
such written notices. The board of assessment shall have
full power to compel any other or further return, as occasion may
require, for the purpose of making additions, corrections or altera-tions
to the assessment lists, or to perfect the same, or to equalize
assessments.
LAWS OF DELAWARE. 39
VALUATION AND ASSESSMENT OF PROPERTY
SO to do within ten days after the time limited for the making there-of,
or the rendering of a false account or return, shall be a misde-meanor,
and upon conviction such person shall be fined or impris-oned,
or both, in the discretion of the Court; provided, however,
that the said Board is empowered to stay a prosecution for any vio-lation
of the provisions of this section upon the making and filing of
a proper return and account, and the payment of a sum of money
for the use of the County, to be fixed by the Board, and the costs
of prosecution, if any. A copy of this section shall accompany all
written notices given hereunder.
The forms and schedules aforesaid shall have appended thereto
a form of certificate, to be signed by the person making said return,
or in case of a firm, association of persons, or corporation, by a member
of such firm or association or by an officer of said corporation,
that the return as made is a full, true and complete list of all real
and personal property liable to assessment and taxation, and that
said return fairly and truly described the said property and truly
represents its condition and value.
Section 22. If any person making oath or affidavit required
under the provision of the assessment laws relating to Kent County,
shall swear falsely, he shall be guilty of a misdemeanor, and shall
be subject to fine and imprisonment at the discretion of the Court.
Section 23, The Board of Assessment, or any member thereof,
may personally inspect each tract or parcel of real estate returned
by the owner thereof, on the forms and schedules aforesaid, and
shall report in writing to said board their opinion as to its value;
and if it shall appear that any property as returned, is not suffi-ciently
valued, the Board of Assessment shall give notice thereof to
the owner or person making such return and valuation, and shall
fix a day, not less than five days after the date of said notice, for a
hearing and determination.
If any taxable shall make complaint to the Board of Assess-ment
that the real estate in any election district, as compared with
other election districts, is not assessed in a fair and equitable man-ner,
it shall be the duty of said Board, or some member thereof, to
visit personally the said election district, and to inspect personally
40 LAWS OF DELAWARE.
VALUATION AND ASSESSMENT OF PROPERTY
the properties the assessment of which is complained of, thereby to
equalize and make perfect the assessments.
In making the annual assessments, the said Board is authorized
and directed to examine carefully the assessment lists of towns,
cities and school districts, and the books of registered voters of the
preceding election, in order that no person, property of any person,
may he omitted from the assessment lists. The said Board of Assess-ment,
or sonic member thereof, shall, for the purpose aforesaid,
visit in person each election district at least one day, and as often
as it shall be necessary, to ascertain the names of persons in each
election district liable to capitation tax, and the property of all
such.
Section 24. It shall be the duty of the Recorder of Deeds to
furnish monthly, to the Board of Assessors, descriptions of all real
estate in deeds of conveyance, tiled with him for recording, the
names of the grantors and grantees therein. It shall be the duty
of the Register of Wills of said County to furnish, monthly to the
Board or Assessors. information on all real estate devised or de-scending,
so far as the records or his office shall enable him so to do,
and whether the same, if devised, he in trust or otherwise.
Section 25. All Acts, parts of Acts, or sections of the Revised
Statutes, which are inconsistent herewith, or Nwhich are supplied
hereby, are hereby repealed.
Approved April 28, A. I). 1920.
A
LAWS OF DELAWARE. 41
COUNTY COMPTROLLER, SUSSEX COUNTY
CHAPTER 15
couNTv COMPTROLLER
SUSSEX COUNTY
AN ACT to amend Chapter 46 of the Revised Code of The State of Delaware,
by Increasing the salary of the County Comptroller of Sussex County.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That Chapter 46 of the Revised Code of the State
of Delaware be and the same is hereby amended by striking out
of 1275, Section 3 thereof the fourth paragraph thereof, relating to
the salaries of the County Comptrollers of Kent and Sussex Coun-ties
and by. inserting in lieu of said paragraph a new paragraph in
the following language: "The annual salaries of the County Comp-trollers
in Kent and Sussex Counties shall be $1500.00 which shall
be paid in quarterly installment by warrants duly drawn upon the
County Treasurer."
Approved May 28, A. D. 1920.
42
RECORDER OF DEEDS
CHAPTER 16.
RECORDER OF DEEDS
LAWS OF DELAWARE.
AN ACT to amend Chapter 50, of the Revised Code of the State of Delaware, .by
providing for the recording of Certificates of Discharge from the United
States Army, United States Navy and United States Marine Corps.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That Chapter 50, of the Revised Code of the State
of Delaware, be and the same is hereby amended by striking out
1374. See. 4 thereof, and inserting in lieu thereof the following
new Section to be styled "1374. Sec. 4":
1374. See, 4. DUTIES: lie shall duly record, within a rea-sonable
time, all private Acts of Assembly, Deeds, Indentures, Let-ters
of Attorney relating to land, defeasances, contracts for recoil-veyanee,
mortgages, releases of lien of mortgages, chattel. mortgages,
releases, assignments, contracts of marriage, antenuptial and post-nuptial
contracts, certificates of lhnited partnerships and of
their dissolution, certificates of incorporation and amendments
thereof, certificates, of reduction of capital stock, of merger
of corporations, of renewal of charters and of changes of lo-cation
of principal office of corporations, certificates of births,
marriages and deaths, conditional sales and leases of railroad and
railway equipments and rolling stock, oaths of office, plots and de-scriptions
of freeholders of school house sites, returns and plots
of the board of Part Wardens of the City of 'Wilmington of new
wharf lines, appointments of Deputy Registers of 'Wills, certificates
of commissioners and agreements of owners bounding and marking
lands, petitions and orders for Sheriffs' Deeds, certificates of dis-charge
regularly issued by the proper officials of the United States
Army, United States Navy and United States Marine Corps, and
other matters which by law are entitled to be recorded in his office;
and shall forthwith make a proper note of the same in the indexes.
Provided, however, that the fee for recording any Certificate of
Discharge as hereinbefore mentioned shall not exceed the sum of
Twenty-five cents.
Approved May 28, A 1920.
LAWS OF DELAWARE. 43
RECORDER OF DEEDS
CHAPTER 17
RECORDER OF DEEDS
AN ACT to amend art Act entitled "An Act to Provide Clerical Assistance for the
Office of Recorder of Deeds, In and for Sussex County."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That the Recorder of Deeds, in and for Sussex
County, is hereby authorized and empowered to employ clerical as-sistance
in said office.
The said Recorder of Deeds shall, at the end of every month,
prepare and furnish to the Levy Court of Sussex County, a state-ment
of the items of expenditure for the clerical assistance as afore-said,
in which shall be included the names of persons employed by
him during said month, and the amount due to each person so em-ployed.
The statement shall be verified by the affidavit of the Re-corder
of Deeds.
The Levy Court shall, upon the presentation of said statement
and affidavit, pay for said clerical assistance by warrant in the usual
farm; provided, however, that the amount of the clerical assistance
as aforesaid, to be paid by the Levy Court as aforesaid, shall not in
any one year, exceed the sum of two thousand dollars.
Approved April 28, A. D. 1920.
44 LAWS OF DELAWARE.
SALARIES OF CERTAIN COUNTY OFFICERS
CHAPTER 18
SALARIES OF CERTAIN COUNTY OFFICERS
AN ACT to amend Chapter 53, of the Revised Code of the State of Delaware, re-lating
to salaries of county officers.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in. General Assembly met:
Section 1. That Section 6. 1438, Chapter 53. of the Revised
Code of the State of Delaware, be and the same is hereby amended
by striking out the second paragraph thereof and inserting in lieu
thereof, the following:
'In Kent County, the Clerk of the Peace shall receive One
Thousand and Eight Hundred Dollars; the Sheriff, Two Thousand
Dollars; the Coroner, One Thousand Dollars; the Prohtonotary, Two
Thousand Dollars; the Recorder, Two Thousand Dollars; the Regis-ter
of Wills, Two Thousand Dollars; the Register of Chancery, One
Thousand Dollars; and the Clerk of the Orphans' Court, One Thou-sand
Dollars."
Approved April 28, A. D. 1920.
LAWS OF DELAWARE. 45
ROAD ENGINEER FOR KENT COUNTY
CHAPTER 19
ROAD ENGINEER FOR KENT COUNTY
AN ACT to amend Chapter 55 of the Revised Code of the State of Delaware chang-ing
the salary of the Road Engineer for Kent County.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That 1513 Section 33 of the Revised Code of the
State of Delaware, be and the same is hereby amended by4 striking
out the words "Fifteen Hundred" between the word "of" and the
word "Dollars" in line fourteen thereof and inserting in lieu thereof
the words "Twenty-Four .Hundred."
Approved April 28, A. D. 1920.
46 LAWS OF DELAWARE.
ROADS AND BRIDGES
CHAPTER 20
ROADS AND BRIDGES
AN ACT to amend Chapter 55 of the Revised Code of the State of Delaware on,
relation to restricting heavy traffic on certain highways.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That Chapter 55 of the Revised Code of the State of
Delaware be and the same is hereby amended by adding immediately
after 1576 Section 96 of said Chapter the following:
"1576 A. Sec. 96 A. HEAVY TRAFFIC RESTRICTED ON
CERTAIN HIGHWAYS :The Levy Court of any county upon the
recommendation of the County Road Engineer of said County, is
authorized to designate any highway or portion thereof in said county
as a light traffic highway and to restrict the weight carried thereon to
six hundred pounds per inch of tread of tire per wheel during the
period from December first to May first, or portion thereof in any
year ; and it shall be unlawful except by special permission obtained
from the said Levy Court to carry any greater weight per inch of tread
of tire per wheel upon any highway so designated.
Any person who shall violate the provisions of this Section shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined not less than five dollars or more than one hundred dollars for
the first offense and for any subsequent offense in addition to said fine,
at the discretion of the Court, may be imprisoned not more than one
month."
Approved June 1, A. a 1920.
LAWS OF DELAWARE. 47
ROADS AND BRIDGES, NEW CASTLE COUNTY
CHAPTER 21
ROADS AND BRIDGES
NEW CASTLE COUNTY
An Act to Amend Chapter 99, Volume 30, Laws of Delaware entitled "An Act to
Provide for the building of a bridge over the Brandywine Creeek In the City
of Wilmington."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That Section 4 of Chapter 99, Volume 30, Laws of
Delaware, be and the same hereby is repealed and the following sub-stituted
in lieu thereof:
Section 4. That the Levy Court of New Castle County, be, and
is hereby, authorized and empowered to borrow upon the faith and
credit of said County as hereinafter provided, a sum not exceeding
eight hundred and fifty thousand dollars ($850,000) to be expended
in erecting, constructing and completing the said bridge and its ap-proaches,
and for the purpose of securing the payment of such sum to
issue bonds in denominations of one thousand dollars each and bearing
such rate of interest, not exceeding six per centum per annum, as
said Levy Court may deeth expedient. The interest upon said bonds
shall be payable semi-annually in each and every year from the date
of issue thereof.
Section 2. That Section 5 of Chapter 99, Volume 30, Laws of
Delaware, be and the same hereby is repealed and the following sub-stituted
in lieu thereof :
Section 5. Said bonds shall be divided into twenty-seven classes
and shall be paid at their face value as follows:
Said bonds may at the option of the Levy Court contain a pro-vision
for the redemption thereof by the Levy Court at any time after
the expiration of five years from the date thereof at a premium not ex-ceeding
five per centum.
Section 3. That Section 9 of Chapter 99, Volume :30, Laws of
Delaware, be and the same hereby is repealed and the following sub-stituted
in lieu thereof
Section 9. The bonds of the various classes indicated in Section
:5 may be sold in successive groups, each group composed of as many
48
Class
LAWS OP DELAWARE.
ROADS AND BRIDGES, NEW CASTLE COUNTY
- Amount Year of Maturity
A 30,000.00 1936
B 30,000.00 1937
C 30,000.00 1938
D 30,000.00 1939.
E 30,000.00 1940
I? 30,000.00_ 1941
G 30,000.00 1942
H 30,000.00 1943
I 30,000.00 1944
J 30,000.00 1951
K 30,000.00 1952
L 30,000.00 1953
M 30,000.00 1954
N 30,000.00 1955
0 30,000.00 1956
P 30,000.00 1957
Q 30,000.00 1958
11 30,000.00 1959
S 30,000.00 1960
rf 35,000.00 1961
U :35,000.00 1962
V 35,000.00 1963
W 35,000.00 1964
X 35,000.00 1965
Y 35,000.00 1966
Z 35,000,00 1967
AA 35,000.00 1968
Class
$1,000.00
UNITED STATES OF AMERICA
STATE OF DELAWARE
New Castle County Bridge Improvement Bond.
Third Bridge Series $1,000.00
New -Castle County in the State of Delaware, for value received,
hereby acknowledges its indebtedness and promises to pay to the
holder of this bend at the Farmers' Bank at Wilmington on the
day of A. D. 19 , the sum of One Thou-sand
Dollars with interest thereon at the rate of
annum, payable semi-annually on the
in this year.
Number
per centum per
day of
This bond is one of the authorized issue of eight hundred and
fifty bonds aggregating eight hundred and fifty thousand dollars, by
virtue and in strict conformity with an Act of the General Assembly
of the State of Delaware approved A. D. 1919, -entitled "An Act to
provide for the Building of a Bridge over the Brandywine Creek in
the City of Wilmington," as amended.
It is hereby certified that this bond is one of the issue authorized
LAWS OF DELAWARE. 49
ROADS AND BRIDGES, NEW CASTLE COUNTY
classes as may be necessary to provide the money required for any
period, and all the bonds in the same group shall bear the same date.
The bonds shall be numbered front 1 to 850 inclusive. All money re-ceived
from the sale of any or all of said bonds, after the payment of
the charges and expenses connected with the preparation and sale
thereof, shall be deposited by the County Treasurer in the Farmers'
Bank at Wilmington to the credit of the Levy Court of New Castle
County in a separate account and payments thereof shall be made in
the same manner as other payments by said Levy Court; provided that
no part of the money thus obtained, except as in this section provided,
shall be used for any other purpose than for the erecting, constructing,
and completion of said bridge and its approaches, as hereinbefore
stated ; and provided further that the purchasers or holders of said
bonds shall not be bound to see or be affected by the application of
said money realized from the sale of said bonds. The bonds to be
issued shall be in the following form:
County Treasurer of New Castle County.
President of Levy Court of New Castle County.
Clerk of Peace of New Castle County.
Section 4. That all acts or all parts of acts in so far as the same
are inconsistent herewith be and the same are hereby repealed.
Approved April 16, A. D. 1920.
50 LAWS OF DELAWARE.
ROADS AND BRIDGES, NEW CASTLE COUNTY
by the above recited act of the General Assembly and that the faith and
credit of said New Castle County are pledged for the punctual pay-ment
of the principal and interest of this bond according to the terms.
It is further certified, recited and declared, that all acts, condi-tions
and things required to be done, exist and be performed, prece-dent
to and in the issuance of this bond, have been done, existed and
been performed in the regular and due time, form and manner as re-quired
by law, and that the indebtedness evidenced by this bond to-gether
with all other indebtedness of said County, does not exceed any
limit prescribed by the Constitution or statutes of said State.
IN WITNESS WHEREOF, the County Treasurer, President of
the Levy Court, and the Clerk of the Peace of New Castle County
have hereunto set their hands and seal of the Levy Court of New
Castle County, at the City of Wilmington, Delaware, this
day of A. D. 192 .
LAWS OF DELAWARE. 51'
ROADS AND BRIDGES, NEW CASTLE COUNTY
CHAPTER 22
ROADS AND BRIDGES
NEW CASTLE COUNTY
AN ACT to authorize the Levy Court of New Castle County to borrow Sixty-seven
thousand dollars to alter, change, repair and transform the old Baltimore and
Ohio Railroad Bridge over Brandywine Creek, in Wilmington, Into a bridge
suitable for General Public Travel.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That the Levy Court of New Castle County be and is
hereby authorized and empowered to borrow upon the faith and credit
of said County, as hereinafter provided, a sum not exceeding sixty-seven
thousand dollars, to be expended in altering, changing, repairing
and transforming into a bridge for general public travel, the old Bal-timore
and Ohio Railroad Bridge over Brandywine Creek, at or near
Dupont Street, in the City of Wilmington, and for the purpose of
securing the payment of such sum to issue bonds in denominations of
one thousand dollars each, and bearing such rate of interest not ex-ceeding
six per centum per annum, as said Levy Court may deem ex-pedient.
The interest upon said bonds shall be payable semi-annually
in each and every year from the date of issue thereof.
Section 2. Said bonds shall be divided into seven classes, and
shall be paid at their face value, as follows:
Class Amount Year of Maturity
A $10,000 1950
10,000 1951
10,000 1952
10,000 1953
10,000 1954
10,000 1955
7,000 1956
52 - LAWS OF DELAWARE.
ROADS AND BRIDGES, NEW CASTLE COUNTY
Said bonds may, at the option of the Levy Court, contain a pro-vision
for the redemption thereof by the Levy Court at any time after
the expiration of five years from the date thereof, at a premium not
exceeding five per eentum.
Section 3. Said bonds shall be prepared under the supervision
of the Levy Court Commissioners and shall be signed by the County
Treasurer, President of the Levy Court and the Clerk of the Peace of
New Castle County, and shall be uhder the seal used by the Levy Court
of New Castle County. It shall be the duty of such officers to execute
said bonds when directed by the Levy Court to do so, and it shall be
the duty of the County Treasurer and the Levy Court to keep a record
of 'said bonds.
Section 4. Said bonds, or any part thereof, may be sold when
and as the Levy Court shall, by resolution, determine, and until sold
shall remain in the custody of the County Treasurer. Whenever, in
the judgment of the Levy Court, it shall be deemed advisable that any
part or all of said bonds shall be sold, said Levy Court Commissioners
may sell and dispose of the same On the most advantageous terms possi-ble
after having advertised the same in the public press at least once
each week for at least two weeks. No commission or other compensa-tion
shall be charged or paid to any member of the Levy Court for
effecting the sale or negotiation of said bonds.
Section 5. Said bonds, principal and interest, shall be payable
at the Farmers 13ank at Wilmington, Del., in gold coin of the United
States of America, equal in weight and fineness to the present stan-dard,
out of the money from time to time appropriated for that pur-pose
by the Levy Court of New Castle County, as hereinafter pro-vided
; and the said Levy Court is hereby authorized and directed to
pay the interest on said bonds to the Farmers Bank when and as the
same shall become due, and pay said bonds when and as the respective
classes mature in accordance_ with the foregoing schedule. The said
Levy Court, in fixing the rate of taxation, shall annually, until the
first installment of said bonds shall become due and payable, provide
for a sum equal to the amount of interest due each year upon said
bonds, and as and when said bonds shall become due and payable,
shall in like manner provide for a sum equal to the amount of such
bonds in addition to the amount necessary to pay the interest upon
Number
New Castle County Bridge Improvement Bond
Second Series $1,000.00
New Castle County, in the State of Delaware, for value received,
hereby acknowledges its indebtedness and promises to pay to the holder
of this bond at the Farmers Bank at Wilmington on the
day of A. D. 19 , the sum of one thousand dollars,
with interest thereon at the rate of per eenttun per annum, pay-able
semi-annually on the day of and in each
year. This bond is one of the authorized issue of sixty-seven bonds ag-gregating
sixty-seven thousand dollars, by virtue and in strict com-pliance
with an Act of the General Assembly of the State of Delaware
LAWS OF DELAWARE. 53
ROADS AND BRIDGES, NEW CASTLE COUNTY
the unpaid bonds, as before provided, which shall, when collected and
paid to the County Treasurer, be set apart by him in a separate ac-count
to be opened for that purpose; and the said County Treasurer
shall apply the said sum annually to the payment of such part of said
loan and interest thereon as may from time to time become due under
the provisions of this Act.
Section 6. All of said bonds shall bear the same date, and shall
be numbered from 1 to 67 inclusive. All money received from the
sale of any or all of said bonds, after the payment of the charges and
expenses connected with the preparation and sale thereof, shall be de-posited
by the County Treasurer in the Farmers Bank at Wilmington
to the credit of the Levy Court of New Castle County in a separate
account, and payments thereof shall be made in the same manner as
other payments by said Levy Court; provided that no part of the
money thus obtained, except as in this section provided, shall be used
for any other purpose than for altering, changing, repairing and trans-forming
the old Baltimore and Ohio Railroad Bridge over Brandywine
Creek, in Wilmington, into a bridge suitable for General Public
Travel; and provided further that the purchasers or holders of said
bonds shall not be bound to see to or to be affected by the application
of said money realized from the sale of said bonds.
Section 7. The bonds to be issued shall be in the following form:
UNITED STATES OF AMERICA
- STATE OF DELAWARE
Class
$1,000.00
County Treasurer of New Castle County.
President of the Levy Court of New Castle County.
Clerk of the Peace of New Castle County.
Section 8. Said bonds shall contain such provisions in addition
to those set forth in Section 7 of this Act, and not inconsistent with
the requirements of this Act, as said Levy Court shall determine.
Section 9. That Chapter 46, Volume 27, Laws of Delaware, be
and the same is hereby repealed.
Section 10. That all nets or all parts of acts, insofar as the same
are inconsistent herewith, he and the same are hereby repealed.
Approved May 18, A. D. 1920.
54 LAWS OF DELAWARE.
ROADS AND BRIDGES, NEW CASTLE COUNTY
approved A. D. 1920, entitled: "An Act to authorize the Levy
Court of New Castle County to borrow sixty-seven thousand dollars,
to alter, change, repair and transform the old Baltimore and Ohio
Railroad Bridge over Brandywine Creek in Wilmington, into a bridge
suitable for general public travel," and in pursuance of a resolution
of the Levy Court of New Castle County adopted.
A.. D. 19 .
It is hereby certified that this bond is GM of the issue authorized
by the above recited Act of the General Assembly and that the faith
and credit of said New Castle County are pledged for the punctual
payment of the principal and interest of this bond according to the
terms.
IN WITNESS WHEREOF, the County Treasurer, President of
the Levy Court and the Clerk of the Peace of New Castle County, have
hereunto set their hands and seal of the Levy Court of New Castle
County at the City of Wilmington, in Delaware, this
day of A. D. 19 .
LAWS OP DELAWARE. 55
ROADS AND BRIDGES, KENT COUNTY
CHAPTER 23
ROADS AND BRIDGES
KENT COUNTY
AN ACT authorizing the Levy Court of Kent County to issue bonds for the 'perma-nent
improvement of certain public highways in Kent County.
WHEREAS, Chapter 70 of Volume 30 of the Laws of Delaware
entitled "An Act to amend Chapter 63 of Volume 29 of the Laws of
Delaware, by providing State Aid to Counties for Road Construction,"
provides for the building of certain public roads, known as "State
Aid Roads," at the joint expense of the State and the County in which
the same shall be constructed; and
WHEREAS, Kent County wishes to avail itself of the benefits
provided for by said Act; Therefdre,
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met :
Section 1, That the 'Levy Court of Kent County is hereby au-thorized
and empowered to borrow upon the faith and credit of Kent
County a sum of money, not exceeding one million dollars ($1,000,-
000.00), for the purpose of building in Kent County the "State Aid
Roads," referred to in Chapter 70 of Volume 30 of the Laws of Dela-ware,
as aforesaid, and for the purpose of securing the pay-ment
of the money so borrowed the said Levy Court of Kent County
is, also, authorized and empowered to issue and sell bonds of Kent
County, with coupons attached, to_an amount not exceeding one mil-lion
dollars ($1,000,000.00) ; said bonds are to be known as "Kent
County State Aid Road Bonds";
Section 2. The said bonds shall be of the denomination of one
thousand ($1000.00) dollars each and shall bear interest at such rate,
not exceeding five per centum per annum, as the said Levy Court of
Section 4. Said bonds shall be prepared under the supervision of
the Levy Court of Kent County mid shall be signed by the County
and shall be paid at their face value. us follows:
(hiss Amount Year of Maturity
A *20,000.00 1926
B 20,000.00 1927
C 20,000.00 1928
D 20,000.00 1929
E 20,000,00 1930
F 30,000.00 1931
Cr 30,000.00 1932
H 30.000.00 1933
I 30,000.00 1934
J 30,000.00 1935
K 40,000.00 1936
L 40,000.00 1937
M 40.000.00 1938
N 40,000.00 1939
CI 40,000.00 1940
P 50,000.00 1941
Q 50,000.00 1942
R 50,000.00 1943
S 50,000.00 1944
T 50,000.00 1945
15 '60,000.00 1946
Ar 60,000.00 1947
W 60,000.00 1948
X 60,000.00 1949
1r 60,000.00 1950
56 LAWS OF DELAWARE.
ROADS AND BRIDGES, KENT COUNTY
Kent County may from time to time fix and designate in any resolution
directing the issuance and sale of the same, or any part thereof.
The interest upon said bonds shall be payable semi-annually in
each and every year from the date of issue appearing therein, and
all of said bonds shall bear the same_ date and be numbered consecu-tively
from one to one thousand (1 to 1,000) inclusive;
Section 3. Said bonds shall be divided into twenty-five classes,
LAWS OF DELAWARE. 57
ROADS AND BRIDGES, KENT COUNTY
Treasurer, the President of the Levy Court and the Clerk of the Peace
of Kent County, and shall be under the seal used by the said Levy
Court of Kent County. It shall be the duty of such officers to execute
said bonds, or any part thereof, from time to time, when directed by
the Levy Court to do so, and it shall, also, be the duty of the said
County Treasurer and of the Levy Court to keep a record of said
bonds. The bonds issued under the provisions of this Act shall be
exempt from State, County, Municipal, or other taxes;
Section 5. Said bonds, or any part thereof, may be issued and
sold from time to time, when and as the said Levy Court of Kent
County shall, by resolution to that effect, direct, and until sold shall
remain in the custody of the County Treasurer of Kent County.
Whenever the said Levy Court shall deem it advisable to sell any
of said bonds, and by a resolution to that effect shall so direct, it shall
be the duty of the said County Treasurer, the President of the Levy
Court, and the Clerk of the. Peace of Kent County to advertise that
sealed bids will be received for the purchase of the same at such place
or places and under such regulations as they may designate in said
advertisements. Said advertisements shall be published, at least, twice
a week for four consecutive weeks in such newspapers in and out of
the State of Delaware, as they, in their judgment, may deem necessary
and proper. The accrued interest between the date appearing in said
bonds and the time of the sale and delivery thereof and payment there-for.
shall be adjusted with the purchaser thereof under such regula-tions
as the said, the County Treasurer, the President of the Levy
Court and the Clerk of the Peace of Kent County may direct in said
advertisements. Provided, however, that any and all overdue coupons
attached to said bonds shall be cancelled before the sale and delivery
of the same. And provided further that said officers shall have the
right to reject any and all bids for said bonds, if in their judgment
they are deemed insufficient.
If no liids are received for said bonds, or if the bids received are
rejected because of being inadequate, the said the County Treasurer,
the President of the Levy Court and the Clerk of the Peace of Kent
County may sell the same at private sale for the best price obtainable
therefor. Provided, however, that they shall not be sold at private
sale for less than par and accrued interest. No commission, or other
58 LAWS OF DELAWARE.
ROADS AND BRIDGES, KENT COUNTY
compensation, shall be charged or paid to any of said officers for ef-fecting
the sale of said bonds.
Section 6. Both the principal and interest of said bonds shall be
payable at the Farmers Bank, of the State of Delaware, at Dover, in
gold coin of the United States of America, equal in weight and fineness
to the present standard and out of moneys from time to time appropri-ated
for that purpose by the said Levy Court of Kent County, as here-inafter
provided. The said Levy Court of Kent County is hereby
authorized and directed to pay the interest on said bonds at the said
Farmers Bank from time to time and when and as the same shall be-come
due and payable, and to pay said bonds at said bank when and
as the respective classes shall mature or become due and payable, in
accordance with the schedule set forth in Section 3 hereof, or in ac-cordance
with any of the other provisions of this Act.
In fixing the rate and amount to be raised by taxation for County
purposes, the said Levy Court of Kent County shall annually provide
a sufficient amount to pay any and all interest charges that may or
can be due and payable on any of said bonds during the year for which
said rate and amount are fixed and said tax levied and assessed, and
as and when said bonds, or any part thereof, shall mature and become
due and payable, under the provisions of Section 3 hereof, or under
any of the other provisions of this Act, the said Levy Court of Kent
County shall, in like manner, provide by taxation for county purposes,
as other county taxes are now or may hereafter be raised, a sum suf-ficient
for the payment or redemption of both the principal and un-paid
interest thereof.
All of such sums provided, as aforesaid, shall, when collected and
paid to the County Treasurer of Kent County, be set apart by him in
a separate account to be opened for that purpose, and the moneys so
set apart shall he applied by the said County Treasurer to the pay-ment
of the interest on said bonds and to the payment and redemption
of said bonds, as the said interest and as the said princiPal shall be-come
due and payable under the provisions of this Act.
Section 7. That the said Levy Court of Kent County is hereby
authorized and expressly directed from time to time to create, estab-lish,
collect and accumulate a sufficient and adequate fund for the
Section 10. The bonds, herein provided for, shall be in the fol-
LAWS OF DELAWARE. 59
ROADS AND BRIDGES, KENT COUNTY
payment of all the bonds provided for by this Act, when and as they,
or any of them, shall mature and become due and payable under the
provisions of Section 3.
That in order to carry out the provisions of this Section, the said
Levy Court of Kent County is hereby authorized and expressly directed
to levy and collect from time to time by taxation, beginning with the
year 1921, and annually thereafter, up to and including the year 1950,
if any of the bonds hereinbefore provided for shall so long. remain un-paid,
a sufficient and adequate amount of money to fully pay the
whole of said bonds at least by the maturity thereof under Section 3
hereof, as aforesaid.
That said money is to be raised by taxation from time to time, in
the same manner as other county taxes are now, or may hereafter be
levied and collected, and as a part thereof, but in addition to the
amounts heretofore raised.
That said funds when collected from time to time shall, also, be
paid to the said County Treasurer of Kent County and shall be de-posited
by him to the special account provided for in Section 6 here-of,
and shall be applied to the payment of the principal sum due on
said bonds, and for no other purpose, whatever.
Section 8. All moneys received from the sale of any or all of
said bonds after the payment of the proper charges and expenses in-cident
to the, preparation and sale thereof, shall, also, be deposited
with the County Treasurer of Kent County in a separate account, to
be opened by him for that purpose, and shall be used for the building
of the "State Aid Roads" in Kent County, hereinabove referred to,
and for no other purpose, whatever.
Section J. After the first Tuesday in January, A. D. 1921, any
and all acts and duties imposed by the provisions of this Act upon the
County Treasurer of Kent County shall be performed by the Receiver
of Taxes and the County Treasurer of Kent County; said office of
County Treasurer of Kent County being abolished after that date by
a statute heretofore passed.
60 LAWS OF DELAWARE.
ROADS AND BRIDGES, KENT COUNTY
lowing form, subject, however, to the provisions of Section 9 and 12
hereof :
UNITED STATES OF AMERICA
STATE OF DELAWARE
Class Number
"KENT COUNTY STATE AID ROAD BOND"
Kent County in the State of Delaware, for value received, hereby
acknowledges its indebtedness and promises to pay to the holder of
this bond at the Farmers Bank at Dover on the day of
A D. 19..., the sum of One Thousand Dollars, with
interest thereon at the rate of per eentum per annum, pay-able
semi-annually on the day of
and each year.
This bond is one of the authorized issue of one thousand bonds
aggregating One Al illion Dollars, by virtue of and in strict compliance
with an Act of the General As.sembly of the State of Delaware, ap-proved
A. D. 1920, and providing for the perman-ent
improvement of certain public highways in Kent County, Dela-ware,
and in pursuance of a resolution of the Levy Court of Kent
County adopted A. D. 19.... And it is expressly
understood and agreed that the said Levy Court of Kent County re-serves
the right and power at its option to call in, pay and redeem
this bond on any semi-annual interest period after five years from the
date of issue thereof, pursuant to the notice in that behalf, prescribed
by an Act of the General Assembly under authority of which this bond
is issued, and if this bond shall be called by the notice aforesaid, in-terest
hereon shall cease to accrue from and after the interest period
next succeeding the date of such notice. It is hereby certified that this
bond is one of the issue authorized by the above recited Act of the
General Assembly and the faith and credit of said Kent County are
pledged for the punctual payment of the principal and interest of this
bond according to its terms.
IN WITNESS WHEREOF the County Treasurer, President of
the Levy Court and Clerk of the Peace, of Kent County, have hereunto
set their hand and seal of the Levy Court of Kent County, at the
County Treasurer of Kent County.
President of the Levy Court of Kent County.
Clerk of the Peace of Kent County.
Section 11. That the coupons attached to said bonds shall be in
the following form:
'No.
Kent County, Delaware, will pay to the bearer at the Farmers
Bank of the State of Delaware, at Dover, on the first day of
A. D. , the sum of Dollars for six
months' interest on Bond No.
KENT COUNTY STATE AID ROAD BOND
Dated 19. County Treasurer.
Section 12. The bonds, herein provided for, or any of them, may
be called in, paid and redeemed at par and accrued interest out of the
funds provided for in said Section 7 hereof, or out of any other
funds provided by the Levy Court of Kent County, at the option of
the said Levy Court of Kent County at any interest period after the
said bonds, or any Of them, shall have been issued and sold five yeam,
upon thirty days' notice published in one newspaper in the City of
Philadelphia and State of Pennsylvania, and in one newspaper pub-lished
in the City of Wilmington and State of Delaware; said notices
indicating by their numbers the bonds therein called and elected to be
paid and redeemed, and in case any of said bonds shall be called by the
notice aforesaid, the interest thereon shall cease to accrue from and
after the interest period next succeeding the date of such notice. Said
bonds may, also, contain such other provisions not inconsistent with
this Act, as said Levy Court shall, by Resolution to that effect, de-termine.
Section 13. When and as any of the bonds herein provided for
LAWS OF DELAWARE. 61
ROADS AND BRIDGES, BENT COUNTY
Town of Dover, in Delaware, this day of
A. D. 19....
62 LAWS OF DELAWARE.
ROADS AND BRIDGES, RENT COUNTY
shall be paid, or redeemed under any of the provisions of. this Act,
they shall be cancelled by marking or stamping the word "paid" and
the date of such payment, across the face thereof, and, also, by tearing
the signatures and the corporate seal used by the Levy Court of Kent
County therefrom. The said bonds, so cancelled as aforesaid, shall
then be pasted in a book, kept by the County Treasurer for that pur-pose.
Approved May 28, A. D. 1920.
a
LAWS OF DELAWARE. 63
ROADS AND BRIDGES, SUSSEX COUNTY
CHAPTER 24.
ROADS AND BRIDGES
SUSSEX COUNTY
AN ACT to amend an Act entitled "An Act to Authorize Sussex County to borrow
One Million Dollars to be expended for the Permanent Improvement of Cer-tain
Public Highways of Sussex County."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met:
Section 1. That Chapter 105, of Volume 29, of the Laws of
Delaware, be, and the same is hereby amended by adding thereto
the following sections to be known as Sections 9, 10 and 11:
Section 9. When in the judgment of the Joint Committee cre-ated
by Section 1 of Chapter 105, of Volume 29, of the Laws of
Delaware, the route for the permanent improvement, construc-tion
or reconstruction of any Highway of Sussex County shall
continue through any incorporated Town, within Sussex County, the
said Joint Committee shall construct and maintain said Highway
through such incorporated town and pay all of the expenses in con-nection
therewith, unless other terms shall be agreed upon by the
said Joint Committee, and the duly constituted governing body of
such incorporated town.
Section 10. Whenever said Joint Committee shall improve or
construct a Highway through any such incorporated town, it shall
not change the width of the street or streeis of said town, except
with the consent of the duly constituted governing body of said town.
Section 11. Whenever said Joint Committee shall improve or
construct a highway through any incorporated town of Sussex
county, it shall have the whole and sole control of such construction
64 LAWS OF DELAWARE.
ROADS AND BR/DGES, SUSSEX COUNTY
and over the maintenance of said Highway through said town, and
such highway shall not be undermined, broken or in any wipe torn
up for any purpose whatsoever, except by a permit obtained from
said Joint Committee or the body which shall have supervision over
the improved highways of Sussex county.
Approved May 28, A. D., 1920.
TITLE EIGHT
Elections
CH A P TER 25.
DEPARTMENT OF ELECTIONS FOR THE CITY OP WILMINGTON
AN ACT to amend Chapter 57 of the Revised Code of the State of Delaware, In
relation to the Department of Elections for the City of Wilmington.
Be it enacted by the Senate and House of Representatives of the
Stale of Delaware in General Assembly met:
Section 1. That Chapter 57 of the Revised Code of the State
of Delaware be and the same is hereby amended by repealing 1664
Sec. 7 and inserting in lieu thereof the following, which shall be
styled "1664 Sec. 7."
1664 Sec. 7. They shall have power to dismiss any Registrar
at any time and supply his place with another person. They may
also employ a clerk, counsel and such other assistance as, in the
judgment of the members of the said Department of Elections shall
be necessary and proper for the faithful performance by it of the
duties by this Chapter imposed; provided the expense thereof shall
not exceed three thousand dollars in any year in which a general
or special election is held, which said sum shall not include the
compensation of members of the Department of Elections and Regis-trars,
to be paid upon warrants of the President of the Department
of Elections in the same manner as is provided for the payment of
the legal compensation of members of said Department of Elections.
Approved May 18, A. D., 1920.
65
TITLE NINE
Corporations
CITAPTER 26.
RENEWAL AND REVIVAL OF' CHARTERS
AN ACT providing for the renewal and revival of the charters of corporations
which have expired.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (two-thirds of all the
members elected to each branch thereof concurring therein):
Section 1. That any Corporation which was created under the
provisions of an Act entitled "An Act providing a General Corpora-tion
Law," approved March 10, A. D. 1899, and the Acts amendatory
thereof and supplemental thereto, and whose charter has become in-operative
or void by proclamation of the Governor or by operation
of law, for non-payment of taxes, and, which, by reason of lapse
of time cannot be reinstated and entitled to all its franchises and
privileges under the provisions of Section 16 of an Act entitled "An
Act to Raise Revenue for the State by Taxing Certain Corpora-tions,"
approved March 10, A. D. 1399, may, at any time before
the first day of January, A. D. 1921, procure a renewal and revival
of its charter for any period, together with all the rights, franchises,
privileges and immunities and subject to all its duties, debts and
liabilities which had been secured or imposed by its original charter,
and all amendments thereto, by filing with the Secretary of State
of the State of Delaware, a certificate of its last or acting president
and secretary, or the officers performing the functions of president
and secretary, or by such officers to be elected, as hereinafter pro-vided,
duly sworn or affirmed to by such officers. Such certificate
shall set forth:
66
LAWS OF DELAWARE. 67
RENEWAL AND REVIVAL OF CHARTERS
The name of the Corporation, which name shall be the same
name it bore when the charter expired, except as otherwise pro-vided
in Section 2 of this Act;
The name of the City, Town or place within the county in
which its principal place of business is located in this State;
The date when such renewal or revival is to commence,
which shall be prior to the date of the expiration of the old charter,
which it is desired to renew or revive; whether or not such renewal
and revival is to be perpetual and, if not perpetual, the time for
which such renewal and revival is to continue.
That the corporation desiring to be renewed and revived,
and so renewing its charter, was duly organized and carried on
business authorized by its charter until the day of
A. D. , at which time its charter became inoperative and void
by proclamation of the Governor or by operation of law, for non-payment
of taxes; and that this certificate for renewal and revival
is filed by authority of those who were directors or managers of the
said corporation at the time its charter expired, and who, under the
laws of this State, by virtue thereof, became its trustees, or who
were elected directors of said corporation as hereinafter provided.
Such certificate, together with the accompanying sworn statement,
as to the payment of taxes, as hereinafter provided, shall be filed
in the office of the Secretary of State, and a copy thereof, certified
by said Secretary, shall be recorded in the office of the Recorder
of Deeds, in and for the county in which the original certificate of
incorporation of said corporation was recorded, and thereupon the
said corporation shall be renewed and revived, with the same force
and effect as if its charter had not become inoperative and void.
Upon such revival and renewal, all acts, matters and things done and
performed by such corporation within the scope of its charter, since
the expiration of the same, shall be and hereby are expressly ratified
and approved, and all real and personal property, rights and credits
which were of said corporation at the time of the expiration of its
charter, and which have not been since disposed of, shall be vested
in and restored to the renewed and revived corporation as fully and
amply as they were held by the said corporation at and before the
time its charter expired.
68 LAWS OF DELAWARE.
RENEWAL AND REVIVAL OF CHARTERS
Section 2. If, since the expiration of the charter of said cor-poration,
any other corporation organized under the provisions of
the laws of the State of Delaware shall have been given and shall
have adopted the same name as the corporation whose charter has
expired or shall have been given or adopted a name so nearly similar
thereto, that the Secretary of State of the State of Delaware shall
consider would constitute a confusion in names, then and in such
case said renewed and revived corporation shall not be renewed
under the same name which it bore when its charter expired, but
shall adopt and be renewed under any other name which, under ex-isting
law, could be adopted by any corporation intended to be
formed and organized under the General Corporation Laws of .the
State of Delaware, and in such ease the certificate to be filed by the
last or acting president and secretary, or the officers performing
the functions of president and secretary, or by such officers to be
elected as hereinafter provided, as set forth in Section 1 of this Act,
shall recite the name borne by said corporation at and before the
tune its charter expired, and the new name under which said cor-poration
is intended to be renewed and revived.
Section 3. Any corporation seeking to renew its charter under
the provisions of this Act shall first pay all City, County, State and
Franchise taxes and charges due the State of Delaware, or any City
or County thereof, which it would, by law, have been liable to pay
and chargeable with, if its said charter had not expired; and said
corporation shall file with the certificate mentioned in Section 3 of
this Act, a statement executed and sworn or affirmed by its last or
acting president and secretary, or the officers performing the func-tions
of president and secretary, or by such officers to be elected as
hereinafter provided. Said statement shall contain the amount of
said taxes and charges so paid, the date of payment, to whom
paid and the period of time covered by said taxes and during which
they accrued.
Sect ion 4. That if the last President and Secretary or the offi-cers
performing the functions of president and secretary, or either
of them, of any such corporation so desiring to renew its existence,
should be dead at the time of such renewal, the directors of such
corporation, or the survivors of them, if not less than three, may
elect a successor to such deceased president or secretary, or the offi-
LAWS Or DELAWARE. 69
RENEWAL AND REVIVAL OF CHARTERS
cers performing the functions of president and secretary, or succes-sors
to both, if both be dead, and if less than three directors of such
corporation shall be living when it is desired to effect a renewal of
such corporate existence, then the stockholders of such corporation
may elect as many directors as may be necessary (together witti
the surviving directors or director, if any) to constitute a board of
three directors; and such board may elect a successor to the deceased
president or secretary, or the officers performing the functions of
president and secretary, or successors to both, if both be dead, and
may authorize the execution of the certificate of renewal, as here-inbefore
provided, but may not perform or exercise any other office
or function. A meeting of the directors of the corporation, or of the
survivors of them, or of the board, as elected wholly or partly by
the stockholders as provided in this section, may be called by any
director upon ten days' written notice, delivered personally to, or
mailed to the last known postoffice address of, every other director;
and a meeting of the stockholders for the purpose of electing direc-tors,
as aforesaid, may be called by any stockholder upon ten days'
written notice, delivered personally to, or mailed to the last known
postoffice address of, every other stockholder. The president and
secretary, or the officers performing the functions of president and
secretary, so elected may take all steps and do all things necessary
and proper to be done for the renewal of the existence of such cor-poration
as hereinbefore provided, and their acts in furtherance of
such renewal shall be as valid and effective as if performed and
done by the last president and secretary, or the officers performing
the functions of president and secretary, of such corporation. After
a renewal of the existence of such corporation shall be effected, the
last president, or the officer performing the functions of .president,
or his successor, elected as provided in this section, shall forthwith'
call a meeting of the stockholders of such corporation, upon such
notice as is required by the Certificate of Incorporation, Charter or
By-Laws for a regular meeting thereof, and at such meeting the
stockholders shall elect a full board of directors, which board shall
then elect such officers as are provided by the statute, certificate of
incorporation or by-laws. Such officers and directors shall then con-duct
the business and affairs of the corporation, under the authority
and pursuant to the terms of the certificate of incorporation and
the by-laws of said corporation.
70 LAWS OF DELAWARE.
RENEWAL AND REVIVAL OF CHARTERS
Section 5. This Act shall not apply to any Life or Fire Laur-ance
Company, or other Company engaged in the insurance business.
Approved April 28, A. D 1920
LAWS OF DELAWARE. 71
CITY OF WILMINGTON
CHAPTER 27.
CITY OF WILMINGTON
AN ACT to further extend the Corporate Limits of the City of Wilmington.
Be it enacted by the Senate and louse of Representatives of the
State of Delaware in General Assembly met (two-thirds of all the
members elected to each House thereof concurring therein):
Section 1. That the boundaries of the City of Wilmington be
further extended to include all that portion of Christiana Hundred
bounded and described as follows: beginning at a point on the
southerly side of Lancaster avenue with the westerly side of Cleve-land
avenue; said point being the present southwest corner of the
Line of the City of Wilmington, thence westerly along the southerly
side of Lancaster avenue extended, fourteen hundred and seventy
feet (1470') more or less, to the centre of a road sometimes known
as Jackson Inn or Du Pont Road; thence northerly along centre
of said road, nineteen hundred and fifty feet (1950) more or less
to the northerly side of Seventh street ,extended ; thence easterly
along the northerly side of Seventh street extended nineteen hun-dred
and fifty feet (1950') more or less to the westerly side of Cleve-land
avenue; thence southerly along the westerly side of Cleveland
avenue, nineteen hundred and fifty-eight feet and eight inches
(1958'-8") more or less, to the southerly side of Lancaster avenue
and place of beginning. All that portion of said territory lying
south of Sixth street shall be included in and form a part of the
Twelfth Ward of said city, and all that portion of said territory
lying north of Sixth street shall be incltided in and form a part of
the Fifth Ward of said city.
Section 2. Within the limits of the City of Wilmington ex-tended
by this act, the Mayor and Council of Wilmington shall be
vested with all power, rights and privileges and immunities which
before this time belonged to them as a Municipal Corporation, and
all the laws, ordinances and regulations in force within the former
72 , LAWS OF DELAWARE.
CITY OF WILMINGTON
city limits and not locally inapplicable, shall be extended and ap-plied
to the new territory comprised within the boundaries as set
forth in the first section of this Act.
Section 3. The real estate by this Ad added to and included
within the city limits and all persons now or hereafter residing
within said boundaries shall be subject to assessment for municipal
taxes in the same manner and subject to the same rights, rules and
restrictions as in other cases within said city.
Section 4. That all acts or parts of acts inconsistent herewith
are hereby repealed.
Section 5. That this Act shall go into effect the first day of
July, A. 1). 1920.
Approved April 28, A. D., 1920.
LAWS OF DELAWARE. 73
CITY OF WILMINGTON
CHAPTER 28.
CITY OF WILMINGTON
AN ACT to amend Chapter 209, Volume 19, Laws of Delaware, entitled, "An Act
pertaining to a system of sewers for the City of Wilmington" as amended
by Chapter 121, Volume 30, Laws of Dealware by changing the rates and
method of assessment.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (two-thirds of all the
members elected thereto concurring herein):
Section 1. That Sections 2 and 3 of Chapter 209 of Volume 19,
of the Laws of Delaware, as amended by Chapter 121, Volume 30,
Laws of Delaware, be and tile same are hereby repealed and the
following new Sections 2 and 3 are provided in lieu thereof.
Section 2. The said Board of Directors of the Street and Sewer
Department, from the approximate estimate of the whole cost of
constructing any sewer in accordance with any plan now or that
may hereafter from time to time be adopted, shall apportion the said
cost to each lineal foot of sewer to be built in accordance with 'the
aforesaid system, said cost to be apportioned alike upon each and
every size of sewer, be it a lateral or trunk sewer ; and the said cost
per lineal foot shall be paid for by the abutting property upon
the streets or highways in which said sewers are constructed at
the time of completing each sewer, and the aforesaid property shall
be assessed for said costs pet lineal foot as follows:
Section 3. All assessments shall be made upon the properties
abutting on that portion of any street or highway, lane or alley in
which any public sewer may be constructed under this provision, at
such rate for each front foot of such property upon such street,
highway, lane or alley, and at such rate for each squarefoot of such
property between such street, highway, lane or alley, and a line not ex-ceeding
one hundred and fifty feet distant from and parallel with the
line of such street, highway, lane or alley, as the said Board of Direc-
74 LAWS OF DELAWARE.
CITY OF WILMINGTON
tors of the Street and Sewer Department, or its successors, shall deter-mine,
provided however, that, where any property is situated between
two streets or highways, the area upon which said assessment is made
shall not extend to more than one-half the distance between such streets
or highways; and provided also, that when any property is situated
at the corner of two streets or highways, or otherwise so situated as
to be assessed for the expenses of building a sewer on one of such
streets or highways, that portion of such property assessed for a
sewer in one of such streets or highways shall not be liable to be
assessed upon its area for the cost of constructing a sewer ill the
other. of such streets or highways, but only for one-half of its side
frontage upon such streets or highways; provided, however, that
said side frontage is one hundred and fifty feet, or less; and pro-vided
also, that no property or portion of property shall be assessed
for the construction of any sewer unless such property or some por-tion
thereof shall abut and be bounded upon the street on which
said sewer shall have been constructed, or unless such property
thereof has a right of access to said street or highway by a private
alley, or desires to use said sewer before a sewer is constructed upon
the street or highway upon which said property abuts, in which case
the said property shall be liable for the same assessment as though
the sewer was constructed in the streets or highways upon which -
said property abuts, and the said property shall not be liable for
any further assessment for sewer purposes.
Approved June 21, A. D., 1920.
LAWS OP DELAWARE. 75
CITY OF WILMINGTON
CHAPTER 29.
CITY OF WILMINGTON
AN ACT conferring upon the Mayor and Council of Wilmington certain Additional
Powers Relating to Issuing Licenses and Collecting of License Fees.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (two-thirds of all the
members elected to each House thereof concurring therein):
Section 1. That in order to provide for the payment of its debts
and expenses the Council of the Mayor and Council of Wilmington
in addition to the powers now conferred upon it shall have power
and authority by ordinance or ordina- noes to issue licenses to and
to require and receive a license fee from the owner or owners of
any vehicle, business, avocation, profession, pursuit, or calling, oper-ated,
carried on or engaged in, within the corporate limits of the
City of Wilmington including business occupations, animals and
things not now exempted by law from tax in this State; provided,
however, that no license shall be required from the owner of any
vehicle who is not a resident of the City of Wilmington nor shall
anything in this act apply to or affect any ease wherein under exist-ing
laws a gross sum is paid to the State in lieu of all taxes under
any and all laws of this State nor to any railroad company engaged
in operating any railrod in this State under a lease or stock owner-ship
thereof authorized by existing law.
And Provided Further that this Act shall not be construed as
authorizing the said council to levy any license fee which shall or
may have the effect to bring into operation any retaliatory or recip-rocal
tax or license laws of any other state or country as against
corporations organized under the laws of the State of Delaware.
Section 2. No ordinance or ordinances providing for a license
or licenses under Section 1 of this Act shall become operative unless
it shall receive an affirmative vote of two-thirds of all the members
elected to the Council.
Approved June 21, A. D., 1920.
76 LAWS OF DELAWARE.
CITIES AND TOWNS
CHAPTER 30.
CITIES AND TOWNS
AN ACT to amend Chapter 134, Volume 28, Laws of Delaware, entitled "An Act
altering and revising the Charter of the City of New Castle by creating the
Office of City Clerk and designating his duties," by increasing the limit of
the annual salary of the City Clerk.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met (two-thirds of all the
members elected to each branch thereof concurring therein):
That Chapter 134, Volume 28, Laws of Delaware, entitled "An
Act altering and revising the Charter of the City of New Castle by
creating the office of City Clerk and designating his duties," be, and
the same is hereby amended by striking out Section 1 thereof and
inserting in lieu thereof the following, to be known as Section 1 :
Section 1. The office of City Clerk for the City of New Castle
is hereby created and established. No person shall be eligible for
said office who is not a citizen of the State and a resident of the city.
The City Clerk shall be elected by ballot at the regular city
election on the second Tuesday in April, A. D. 1915, and thereafter
biennially at the regular city election held under the terms of the
charter of the city. He shall serve for the term of two years or until
his successor is legally qualified. Such officer shall be voted for in
each ward or district, and the person receiving a plurality of the
v votes cast throughout the city for said office shall be deemed and
declared elected. His election shall be ascertained and certified,
and he shall qualify by oath or affirmation, as in the case of other
city officers. He shall give bond to the corporation in such amount
as may be fixed by the Council of the city, with surety or sureties to
be approved by the Council, conditioned for the faithful perform-ance
of all of the duties of his office. Failure to give bond within two
weeks from the date of his election shall render his election void.
In case of a vacancy through failure to give bond or otherwise,
LAWS OF DELAWARE. 77
CITIES AND TOWNS
the Council shall at once fill the vacancy so caused for the remainder
of the term.
He shall attend regularly at the office of the city at such regu-lar
hours as may be fixed by the Council, and he shall be paid an
annual salary to be fixed by the Council but not less than one thou-sand
dollars nor more than fifteen hundred dollars, payable monthly.
The above salary shall be in full payment and compensation for
the performance of all the duties devolving Upon him.
Approved April 16, A. D., 1920.
80 LAWS OF DELAWARE.
CITIES AND TOWNS
due thereon, and in pursuance of a notice to that effect, published by
the said The Council of Newark, in at least one newspaper published
in the Town of Newark, De/aware, and one newspaper published in
the City of Wilmington, Delaware.
In calling said bonds for redemption and payment, they shall be
called consecutively, commencing with the lowest number of the issue
of said bonds then outstanding. The interest on said bonds so called
shall cease from the date fixed in said notice and advertisements for
the redemption thereof, and the said bonds, when paid, shall be can-celled.
If at any time after the issue of said bonds, and before they are
payable or called in, any holder or holders of any such bond orbonds
shall offer the same for redemption, the said The Council of Newark,
if it deems it expedient, may redeem or pay the bond or bonds so of-fered,
and cancel the same, the interest thereon ceasing from the date.
of such payment.
Section 3. That the Council of the said The Council of Newark
shall direct and effectuate the preparation and printing of the bonds
authorized by
*this
Act, and shall also prescribe the form of said bonds,
. which shall be signed by the President of the Council of The Council
of Newark, and counter-signed by its Treasurer, and shall be sealed
with the corporate seal of the corporation, and shall be exempt from
all State, County and Municipal taxation.
As the said bonds, and the coupons thereon, are paid, the same
shall be cancelled in such manner as the said the Council of The
Council of Newark shall direct.
Section 4. That the said the Council of The Council of Newark
shall negotiate the sale and delivery of said bonds issued under au-thority
hereof, and shall apply and use the money derived from the
sale of said bonds for the purpose of carrying into effect the provi-sions
of this Aet. The Council of The Council of Newark may, if it
deems it advisable, advertise said bonds for sale, in such manner as
it may prescribe, and may prescribe in said advertisements such pro-visions
as to the sale of said bonds as it may deem advisable.
Section 5. That the Council of The Council of Newark be, and
f
5
LAWS OF DELAWARE. 81
CITIES AND TOWNS
it is hereby directed and required to assess and collect, annually, in
the same manner as now provided by law for assessing and collecting
other taxes for municipal purposes, a tax sufficient to pay all interest
accruing on said bonds and the principal thereof, as and when the
same shall become due and payable.
The said the Council of The Council of Newark shall have power
and is hereby authorized to establish such Sinking Fund, annually,
as it may deem advisable, to retire and pay the principal of said bonds,
as and when the same shall mature, and it is hereby authorized and
empowered to assess and collect, annually, in the same manner as now
provided for by law for assessing and collecting other taxes for muni-cipal
purposes, a sufficient tax for the purpose of establishing such
Sinking Fund for the redemption and payment of the principal of
said bonds, and shall prescribe where said Sinking Fund shall be de-posited
or invested, until such time as it may be needed for the re-demptio

LAWS
of the
STATE OF DELAWARE
Passed at the
SPECIAL SESSION OF THE NINETY-SEVENTH
GENERAL ASSEMBLY
Commenced and Held at Dover
ON MONDAY, MARCH 22, A. D., 1920
And
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDRED AND FORTY- FOURTH
VOLUME . XXXI